Page No.# 1/3 GAHC010114092026 2026:GAU-AS:9014 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1504/2026 ATOWAR RAHMAN S/O. LATE MAHIRUDDIN, R/O. KHUDRA PALA,P.O. BAIHATA CHARIALI,P.S. BAIHATA CHARIALI,DIST- KAMRUP, ASSAM. MOB. 8253894968 PIN- 781381. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED P.P., ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-06-2026 Heard Mr. AK Ahmed, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor appearing for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail for the accused/petitioner, Atowar Rahman, Page No.# 2/3 in connection with Kamalpur P.S. Case No. 37/2026 under Sections 64(2)(f) (m)/308(3) of the BNS, 2023 read with 67(A)/66(C)/(D) of the Information Technology Act, 2000. 3. The case diary received has been perused by this Court. 4. It is submitted by the learned counsel for the petitioner that the petitioner is nowhere connected with the present offence. He submits that both the victim and the petitioner were in a consensual sexual relationship and he is a BSF jawan and if granted bail, he is willing to co-operate with the investigation of the case and that his mobile set has also been seized. It is seen that the accused/petitioner has been in custody for the last 40 days. 5. The learned Additional Public Prosecutor raises objection and submits that the sexual relationship cannot be termed as consensual since the victim was forced to have sexual relationship with the petitioner since she was 13 years of age and throughout these years she has been going through a lot of sexual and mental abuse. Even earlier once when she informed her family members and her sister about the sexual abuse no one believed her and the present petitioner is actually her own brother-in-law. Even after her marriage, the accused/petitioner is threatening her saying that he would make her intimate photos and videos viral on the internet and also threatened to kill her. He also messaged her husband for which the victim has been facing problems in her married life. Therefore, if the accused/petitioner is released on bail, he would tamper with the evidence and threaten the victim. 6. Considering the submissions made by the learned counsels for the parties and on going through the materials available in the case diary, this Court is of Page No.# 3/3 the opinion that at this stage, the petitioner cannot be granted bail. Therefore, the bail stands rejected. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant