Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:279
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2864/2025 NIAZ UDDIN S/O SORKUM ALI, R/O NAYA BASTI, WARD NO. 10, BINODINI, P.S .PATHARKANDI, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 08.01.2026 Heard Mr. P.J. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent.
2. This application under Section 482 of BNSS, 2023 has been filed by the
Page No.# 2/2 petitioner, namely, Niaz Uddin seeking pre-arrest bail in connection with Patharkandi Police Station Case No. 101 of 2025 under Section 64 of the Bharatiya Nyaya Sanhita, 2023 in corresponding G.R. Case No. 613 of 2025.
3. Case Diary as called for has been received.
4. The allegation against the petitioner is that when the victim had gone to search for her goat around the house of the petitioner, the petitioner gave vulgar indications to her and when the victim tried to escape, the petitioner threw her to the ground and destroyed her chastity.
5. It is also stated that the victim woke up in a state of shock and found herself bleeding by which time the accused petitioner have left the place.
6. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated.
7. On perusal of the Case Diary, particularly the statement of the victim recorded under Section 183 of the BNSS clearly implicates the petitioner of having committed forcible sexual intercourse with the victim and her statement is also supported by the medical report.
8. In view of the above, the present case is not considered to be a fit case for grant of interim pre-arrest bail.
9. Accordingly, prayer for interim pre-arrest bail is rejected.
10. Send back the Case Diary.
JUDGE Comparing Assistant