Page No.# 1/3 GAHC010173782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1944/2026 MD HAIBUR HUSSAIN ALIAS RAHAMAN SON OF ALAL UDDIN. HABIBUR RESIDENTS OF TEKELIPOTA, P.S SAMAGURI, DISTRICT NAGAON ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N C DAS, MR. S K SINGHA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 21.08.2026 1. Heard Mr. N. C. Das, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State. 2. This application has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting anticipatory bail to the accused applicant in Page No.# 2/3 connection with Samuguri P.S. Case No. 89/2026 under Sections 87/3(5) of the BNS. 3. An FIR was lodged on 04.04.2026 before the Officer-in-charge of Sibasthan P.S., Samuguri by one, Anjubala Debnath alleging that her daughter has been abducted by the accused no. 1 from her house and in such abduction, the accused no. 2 co-operated. 4. On receipt of FIR, Police registered Samuguri P.S. Case No. 89/2026 under the aforementioned sections. 5. Learned counsel appearing for the accused applicant submits that the girl is about 21 years of age and she has been in a love relationship with the accused no. 1. It is also submitted that both eloped together from their respective houses and there is no involvement of the accused no. 2 i.e., the accused applicant in the instant case in their elopement. It is further submitted that both the boy and the girl are major and they have voluntarily gone on their own. 6. Since there is an allegation against the accused no. 2, he is apprehending arrest and accordingly filed this instant anticipatory bail application for prayer to release him on pre-arrest bail. 7. Mr. R. J. Baruah, learned Additional Public Prosecutor opposes the prayer of the accused applicant and submits that Case Diary will be required as the whereabouts of the victim girl is not known. 8. This Court has heard the submissions made by the learned counsel for the respective parties and in consideration of the materials available before this Court, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail. Accordingly, the accused applicant shall be released on bail on furnishing a bail bond of Rs. 50,000/- with a surety of like nature to Page No.# 3/3 the satisfaction of the Arresting Authority subject to the following conditions that:- (i) The accused applicant shall appear before the Investigating Officer within 7 days from today; (ii) The accused applicant co-operate with the investigation and make himself available as and when called for by the Investigating Officer; and (iii) The accused applicant shall not try to tamper or hamper with the investigation in whatsoever manner. 9. In terms of the aforesaid directions, this pre-arrest bail application is disposed of. JUDGE Comparing Assistant