Page No.# 1/3 GAHC010068582025 2025:GAU-AS:4560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/772/2025 SALA UDDIN S/O- ABDUL HUSSAIN, R/O VILL- NAKHOLAGRANT (NEAR NAKHOLAGRANT JAME MAJID), P.S- JAGIROAD, DIST- MORIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD B ISLAM, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Mr. B. Islam for the petitioner Sala Uddin, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Jagiroad Police Station Case No. 216/2024 under Section 64 of Bharatiya Page No.# 2/3 Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he has committed sexual assault on the victim. It is submitted on behalf of the petitioner that the petitioner is 23 (Twenty Three) years old and the victim being 19 (Nineteen) years and they being neighbours, had a love relationship. The petitioner has been falsely implicated in this case as he has refused to marry the victim. 4. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 5. I have scrutinized the Case Diary. The merits of the case not brought to the fore. Investigation has progressed substantially. It appears that custodial interrogation may not be required. The petitioner is willing to cooperate with the remaining part of investigation. 7. Considering all aspects, petition is allowed. 8. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall not exercise threats to the victim as well as the Page No.# 3/3 witnesses and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant