Rakibul Islam Alias Mahibul Islam Alias Raju Ahmed and Anr. Vs the State of Assam and Anr.

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GAHC010122332026

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2026:GAU-AS:9585

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1327/2026

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RAKIBUL ISLAM ALIAS MAHIBUL ISLAM ALIAS RAJU AHMED AND ANR S/O- NAZIM UDDIN, R/O- VILLAGE KUMULIPARA, P.O.- JOSHIHATI PARA, P.S.- HOWLY, DISTRICT- BARPETA, ASSAM, PIN-781316.

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2: NAZIM UDDIN ALIAS GENU ALI S/O- LATE AKKAS ALI R/O- VILLAGE KHANDAKARPARA P.O.- JOSHIHATI PARA P.S.- HOWLY DISTRICT- BARPETA ASSAM PIN-781316

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VERSUS

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THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

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2:MD KHAJA MAIN UDDIN S/O- ABDUL GAFUR R/O- VILLAGE KHANDAKARPARA P.S.- HOWLY DISTRICT- BARPETA ASSAM PIN-78131

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Advocate for the Petitioner : J S AHMED,

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Advocate for the Respondent : PP, ASSAM, MR. SAYED SALIM AHMED (R2),MR. I A HAZARIKA (R2)

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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 14.07.2026

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Heard Mr. J. S. Ahmed, learned counsel appearing for the accused-applicants. Also heard Mr. B. Sharma, learned Addl. P.P., representing the State respondent as well as Mr. I.A. Hazarika, learned counsel appearing for the respondent no. 2.

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2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Howly P.S. Case No. 39/2026, registered under Sections 137(2) of the BNS, 2023, read with Section 4 of the POCSO Act.

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3. An FIR was lodged on 11.04.2026 by the respondent no. 2 before the Howly Police Station, alleging, inter alia that the respondent no. 2’s daughter, namely, XX, aged about 17 years 10 months, was proposed by the accused-applicant no. 1 on several occasions for a relationship and harassed her mentally; that when the informant’s daughter refused the proposal of accused-applicant no. 1, he started threatening her; that on 26.03.2026 at about 3.30 PM, while his daughter was returning from shopping from Khandakarpara market, on the advice of the accused-applicant no. 2, the accused-applicant no. 1 forcibly took her in a Maruti car and after reaching at Howly Chariali, put her into a bus and took her to Jorhat; that the accused-applicant no. 1 took his daughter to a hotel room in Jorhat and committed rape on her; that on the next date, i.e., on 26.03.2026, the accusedapplicant no. 1 put his daughter on a bus and sent her to Howly.

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4. On receipt of the FIR, the police registered the Howly P.S. Case No. 39/2026, under the aforementioned sections.

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5. The learned counsel appearing for the accused-applicant submits that the FIR

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was filed belatedly due to the fact that there was supposedly an amicable settlement between the parties and therefore, he submits that the accusedapplicant should be granted anticipatory bail at this stage.

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6. Mr. B. Sarma, the learned Addl. P.P., on the other hand, opposes the prayer of bail by submitting that there are sufficient incriminating materials against the accused-applicant of his involvement in the alleged offence.

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7. Mr. I.A. Hazarika, learned counsel appearing for the respondent no. 2 has also supported the submission made by the learned Addl. P.P. and opposes the anticipatory bail application.

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Case Diary in the instant case has been received and the same is perused by this Court.

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8. After hearing the submissions made by the learned counsel appearing for the respective parties and taking into account the materials available on record in the Case Diary, this Court is not inclined to grant any relief to the accused-applicant at this stage.

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9. Accordingly, the instant bail applicant is rejected.

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JUDGE

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Comparing Assistant

Rakibul Islam Alias Mahibul Islam Alias Raju Ahmed and Anr. v. the State of Assam and Anr.

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Rakibul Islam Alias Mahibul Islam Alias Raju Ahmed and Anr. v. the State of Assam and Anr.

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