Regular bail application in Sessions Case arising from Howly P.S. Case No. 130/2025 under Section 64(1) BNS, 2023, alleging rape. Petitioner in custody 115 days with charge framed. Considering delay in FIR and lack of medical evidence of injury, court granted bail on conditions including bond of Rs. 25,000.
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GAHC010027072026
2026:GAU-AS:3896
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./427/2026
ABDUL RAHIM @ ABDUR RAHIM SON OF SAMSUL HAQUE R/O VILL- DHAKALIAPARA, P.S.HOWLY, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M S MAZUMDER, MD. S Z B AKLAS
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER
18-03-2026
Heard Mr. S Z B Aklas, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent.
2. This is an application filed under Section 483 BNSS, praying for grant of bail to the petitioner, namely, Abdul Rahim @ Abdur Rahim who was arrested in connection with Sessions Case No. 19/2026 arising out of Howly P.S. Case No. 130/2025 registered under Sections 64(1) of BNS, 2023.
3. Scanned copy of the TCR has already been received. Perused the same.
4. It is submitted by Mr. Aklas, learned counsel that the petitioner is innocent and has not committed any such offence as alleged in the FIR. The real fact is that there was quarrel between the petitioner and the family of the informant as he used to catch fishes from the pond of the petitioner without his information and only for the said grudge, the FIR has been lodged with some false and concocted allegation.
5. The accused is behind the bar for last 115 days, charge sheet has already been laid on 21.12.2025 and charge was also framed on 11.03.2026 and thus he is in custody for a considerable period and hence, his bail prayer may be considered. However, he being the local person, there is no chance of his absconding, if he is released on bail.
6. Mr. Aklas, learned counsel further submitted that as per the FIR itself the incident took place on 15.11.2025 and the FIR was lodged only on 22.11.2025, but there is no explanation regarding the delay in lodging the FIR. More so, the
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medical evidence also does not disclose any injury or sign of rape on the victim.
7. Mr. Sarma, learned APP submitted in this regard that the victim had brought sufficient allegation against the present petitioner in her statements recorded under Section 180 and 183 BNSS. He further submitted that there may not be any injury on her private part as she is a major lady of 51 years.
8. Mr. Sarma, learned APP submitted that the charge has already been framed on 11.03.2026 and the next date for evidence is 25.03.2026 and till the recording of the evidence of the victim, the petitioner may not granted with the privilege of bail.
9. Heard the submissions made by the learned counsel for both sides and considering the materials in the case record and other aspects of the case, I find that further custodial detention may not be required for the purpose of trial, and accordingly I find it is fit case to extend the privilege of bail to the petitioner.
10. Accordingly, the accused/petitioner, namely, Abdul Rahim @ Abdur Rahim, be released on bail in connection with Sessions Case No. 19/2026 arising out of Howly P.S. Case No. 130/2025 registered under Section 64(1) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta subject to the following conditions:-
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11. In terms of above, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a regular bail should be granted to the petitioner in the rape case after charge framing, considering custody duration and trial status?
3 provisions across 3 enactments
Abdul Rahim @ Abdur Rahim
The State of Assam rep by the PP, Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
