Page No.# 1/3 GAHC010238032025 2026:GAU-AS:1053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3515/2025 MD ATABUR RAHMAN ALIAS ATABOR RAHMAN AND ANR S/O OJET ALI ALIAS WAIZ UDDIN R/O NO 1 BHATIAKHALI, PO KATHPARA, PS RUPAHIHAT, NAGAON, ASSAM, PIN 782120 2: MD SAFIQUL ISLAM ALIAS SOFIQUL ISLAM S/O LATE KUDDUS ALIAS LATE ABDUL KUDDUS R/O NO. 1 BHATIAKHALI PO KATHPARA PS RUPAHIHAT NAGAON ASSAM PIN 78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P R SARMA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 29.01.2026 Heard Mr. P, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State. 2. This application has been filed under section 483 of BNSS praying for granting bail to the accused/petitioners, namely, Md. Atabur Rahman @ Atabor Rahman and Md. Safiqul Islam @ Sofiqul Islam, in connection with Rupahihat P.S. Case No.349/2025, under Section 70(1) of the BNSS, 2023. The accused petitioners were arrested on 12.10.2025. 3. The gist of the allegations in the FIR dated 12.10.2025 lodged by the alleged victim girl with the allegations that on 05.10.2025 in the evening, she was subjected to rape by the accused persons while she was coming to her house. 4. From the scan TCR, I perused the statement of the alleged victim girl. It appears that medical examination could not be done as the same was refused by the prosecutrix. 5. The learned prosecution has opposed the grant of bail at this stage containing that evidence has not yet started. 6. The petitioners were granted interim bail on 24.11. 2025, in view of the considerable delay in receipt of the case diary. 7. In the meantime, the investigation got completed and accordingly, the scanned case record was called for. Page No.# 3/3 8. During the span of time since the grant of interim bail, no complaint has come to the notice of the Court regarding intimidation or any threat, any harassment of the victim. 9. Nevertheless, though investigation is completed the same remains the primary concern at this stage. Therefore, keeping in mind the length of detention and completion of investigation and certain other aspects as indicated above, It may not be necessary to cancel the interim bail. However suitable conditions have to be imposed. 10. Accordingly, in the backdrop of the above discussion, the interim bail dated 24.11.2025 is hereby made absolute subject to the conditions that:- (i) the petitioners shall be available for the trial, (ii) they shall not hamper or tamper with the evidence, (iii) they shall not in any manner harm, harass or intimidate the victim, (iv) the petitioners shall not intimidate or try to influence any witnesses. 11. In case of violation of the bail conditions, the prosecution side or the informant side would be at liberty to move a suitable application for cancellation of the bail. 12. Accordingly, this bail application stands allowed and disposed of. 13. Send back the case diary. JUDGE Comparing Assistant