Page No.# 1/4 GAHC010179212026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1989/2026 FIRDUS ALI ALIAS KIDYUT ALI S/O MOKBUL ALI, RESIDENT OF VILLAGE DHARMASALA PART-III, P.S. DHUBRI, DISTRICT DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.08.2026 Heard Mr. S.S. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioner, namely, Firdus Ali @ Kidyut Ali is seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as Dhubri Page No.# 2/4 Police Station Case No. 284/2026 registered under Sections 61(2)/87/64(1)/127(4)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged on 22.07.2026 by the victim herself stating, inter alia, that she has three children and her husband has passed away and that the petitioner is the neighbour and that he has been harassing her continuously with the pretext that he would marry her. She further alleged that in the night of 02.07.2026, two other persons came to her house and asked her to answer the call of the petitioner, but she refused to talk to the petitioner. However, she further alleged that the petitioner subsequently asked her to get into his vehicle and that although she refused initially, but the petitioner forcefully made her board the vehicle and took her to a hotel in Guwahati. She further alleged that she was with the petitioner in Guwahati for several days and during those days she was subjected to sexual intercourse by the petitioner. She also stated that thereafter she was taken to Bengal and she was made to stay for the night and that finally she was left at a particular place and that the petitioner had fled from the said place, leaving her alone. 4. The learned counsel for the petitioner submits that the story narrated in the FIR was a concocted story and to substantiate the same, the learned counsel further submits that on the day of occurrence the petitioner was not at his house in Dhubri, but was in Guwahati in connection with some work. He further submits that the informant had voluntarily stayed with the petitioner at various places and that there was no force applied upon the victim by the petitioner at any point of time. 5. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State Page No.# 3/4 of Assam submits that the allegation against the petitioner has been mentioned in so many words in the said FIR to the effect that he not only forcefully made the victim board his vehicle, but also took her to several places and subjected her to sexual intercourse. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that the victim stayed with petitioner at so many places but had never raised any alarm and told any person about the alleged physical intimacy committed by the petitioner upon her, this Court deems it fit that the petitioner be enlarged on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the Arresting authority on the following conditions: 1. That the petitioner shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required; 2. The petitioner shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Dhubri Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Page No.# 4/4 Station Case. If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 7. Accordingly, the anticipatory bail petition is disposed of. JUDGE Comparing Assistant