AB 206/2010 BEFORE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. M.H. Choudhury, learned Counsel for the accused petitioners and Mr. B. B. Gogoi, learned Additional P.P., Assam. The allegation in the FIR is that the wife of the informant was gang raped by the accused petitioners on 28/9/2010 at about 11/12 P.M. when he w as not present at home. I have perused the case diary produced by the learned Additional P.P. Although the alleged incident took place on 28/9/2010, the FIR was lodged on 5/10/2010 i.e. after a gap of 8 days. There was no medical test of the victim woman. However, there is a statement of the victim woman under section 164 Cr. P.C. in which she has implicated the accused petitioners. The learned Counsel for the accused petitioners submits that the aforesaid FIR was lodged out of grudge inasmuch as the present petitioners file d an FIR on 16/7/2010 i.e. before the alleged incident of gang rape took place. Both the parties are co-villagers besides being family members. In absence of a medical test, it cannot be ascertained as to whether any such incident of gang r ape or rape was committed upon the victim woman. The petitioners are permanent r esidents of village Hati Jujua, P.S. Jajori, District-Nagaon, Assam and they are living with their family members and there is no chance of absconding or jumpin g the bail. Considering the aforesaid facts and circumstances of the case, i t is directed that in the event of arrest of the accused petitioners namely Md. Motibur Rahman, Md. Rostom Ali and Md. Alal Uddin in connection with Jagori P.S. Case No. 67/2010 under sections 457/376/34 IPC shall be enlarged on bail of Rs. 10,000/- with one local surety of the like amount subject to the satisfaction o f the arresting authority on condition that they shall appear before the Investi ng Officer within 7 days from today and they shall fully cooperate with the inve stigating agency and they shall not jump the bail. Bail application stands allowed and disposed.