Gauhati High Court
Bail Appln./2131/2026 of HAZRAT ALI Vs THE STATE OF ASSAM AND ANR on 22 September 2026
GAHC010157362026 2026:GAU-AS:14147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./2131/2026 HAZRAT ALI S/O LATE INTAZ ALI VILL. KHAKJANI P.S. KHARUPETIA DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM
GAHC010157362026
2026:GAU-AS:14147
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Linked Case : Bail Appln./2131/2026
HAZRAT ALI
S/O LATE INTAZ ALI
VILL. KHAKJANI
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:JILLUL HOQUE
S/O ROIJUDDIN
VILL. KHAKJANI
P.S. KHARUPETIA
DIST. DARRANG
ASSAM.PH. 7638884390.
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Advocate for : MR. M ALI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
23.09.2026 Heard Mr. M Ali, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor for the State as well as the learned Amicus Curiae.
2. This is an application under Section 483 of the BNSS, 2023, praying for the grant of regular bail to the accused petitioner, namely, Hazarat Ali, in connection with Kharupetia P.S. Case No. 57/2026, under Sections 351(2)/351(3)/65(1) of the BNS, 2023, read with Sections 6/17 of the POCSO Act, 2012.
3. As per the FIR, the petitioner allegedly committed rape upon the victim on several occasions after she was induced into his house by his wife/co-accused.
4. The statement of the victim recorded before the learned Magistrate does not support the allegation of rape as reflected in the FIR.
5. The petitioner has been in custody for 121 days.
6. Having regard to the above facts and circumstances of the case, the prayer for bail is allowed on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount, subject to the satisfaction of the jurisdictional Magistrate/Court.
7. The petitioner shall appear before the learned trial Court on each date fixed in the case and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to the police.
8. The petition stands disposed of as allowed. JUDGE Comparing Assistant