GAUHATI HIGH COURT ISSUES ORDER ON SOPIKUL ISLAM ALIAS SAFIKUL ALI V/S THE STATE OF ASSAM

GUWAHATI, India, June 28 -- Gauhati High Court issued the following order on May 29:

1. Heard Mr. S. Das, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent.

2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Sopikul Islam Alias Safikul Ali, who is apprehending his arrest in connection with Tamarhat Police Station Case No. 34/2025, under Sections 68/3(5) of the BNS, 2023.

3. The gist of the accusation in this case is that the victim woman had lodged an FIR on 09.04.2025, inter-alia, alleging that on 08.04.2025, the petitioner told the victim woman that he will drop her at her sister's house and, accordingly, she accompanied the victim on a motorcycle.

4. However, when they reached a nearby "Sal Bagan", on his motorcycle, the petitioner forcefully committed rape on her, on three times.

5. It is also alleged that the brother-in-law of the victim was guarding them at that time. Thereafter, when villagers chased them, they fled from that place on bike.

6. It is further stated in the FIR that the victim fell down from the bike and on the next morning, she lodged the FIR.

7. The learned counsel for the petitioner has submitted that the allegations leveled in the FIR are not true. He submits that there is an extramarital relationship between the victim and the present petitioner and the affair between them was consensual in nature.

8. He also submits that it is apparent from the FIR itself, which states that the victim accompanied the petitioner on his bike and thereafter, also tried to flee away from the place when they were noticed by the villagers on his bike, which itself indicates that there was consensual relationship between them.

9. The learned counsel for the petitioner also submits that the petitioner is ready to cooperate in the investigation.

10. On the other hand, the learned Additional Public Prosecutor has submitted that considering the nature of the accusation in the FIR, perusal of the case diary would be necessary.

11. Hence, call for the case diary, fixing on 23.06.2025.

12. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record.

13. In the meanwhile, considering this submissions made by learned counsel for the petitioner as discussed in the following paragraphs, the petitioner is directed to appear before the Investigating Officer of Tamarhat Police Station Case No. 34/2025 within a period of seven days from the date of this order and cooperate in the investigation. If he does so within the stipulated period, in the event of his arrest in connection with Tamarhat Police Station Case No. 34/2025, he shall be allowed to go on interim bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions:

i. That the petitioner shall co-operate in the investigation.

ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer.

14. Let this matter be listed on 23.06.2025.

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