Page No.# 1/5 GAHC010097052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1039/2025 MUSTAFIZUR RAHMAN AND 6 ORS. S/O KHALIL UDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR, DIST. GOALPARA, ASSAM 2: MANIJA KHATUN W/O KHALIL UDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR DIST. GOALPARA ASSAM 3: MUSHAROF HUSSAIN S/O KHALIL UDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR DIST. GOALPARA ASSAM 4: MANIRUJ ZAMAN S/O KHALIL UDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR DIST. GOALPARA ASSAM 5: JEBIN FAHMIDA AKAND @ JEBIN SULTANA D/O JOHIRUL ISLAM AKAND R/O VILL- MANASHPARA P.S. LAKHIPUR Page No.# 2/5 DIST. GOALPARA ASSAM 6: INAMUL HOQUE S/O KHALIL UDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR DIST. GOALPARA ASSAM 7: KHALIL UDDIN S/O LATE KAZIMUDDIN R/O VILL- MANASHPARA P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR A K DAS,MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.06.2025 1. Heard Mr. Z. Hussain, the learned counsel for the petitioners. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (1) Mustafizur Rahman, (2) Manija Khatun, (3) Musharof Page No.# 3/5 Hussain, (4) Maniruj Zaman, (5) Jebin Fahmida Akand @ Jebin Sultana, (6) Inamul Hoque and (7) Khalil Uddin who are apprehending their arrest in connection with Lakhipur P.S. Case No.59/2025 under Sections 61(2) (a)/69/74/115(2) of BNS, 2023. 3. The gist of accusation in this case is that on 02.05.2025 the victim girl had lodged an FIR before the Officer-in-Charge of Lakhipur Police Station, inter- alia, alleging that she was having a love affair with the petitioner No. 1 for the last 7 years and the petitioner also established forceful physical relationship against with her will on the pretext of marrying her on several occasions. 4. It is also alleged that on 27.04.2025, when the victim went to the house of the petitioner No. 1, other family members of the petitioner (the other petitioners) had assaulted her and caused physical injury on her. 5. The learned counsel for the petitioners has submitted that except the petitioner No. 1, the other petitioners were granted interim bail by this Court by order dated 09.05.2025. 6. He further submits that in pursuant to the direction of this Court, all the said petitioners have appeared before the Investigating Officer and have cooperated in the investigation. 7. He further submits that the accusation levelled against the petitioner No. 1 in the FIR is not true. 8. He submits that the victim girl is an acquaintance of the petitioner. 9. However, there was no physical relationship between him and the victim girl as alleged in the FIR. 10. He further submits that he is ready to cooperate in the investigation. 11. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Lakhipur P.S. Case No.59/2025 and has submitted Page No.# 4/5 that the other petitioners have appeared. 12. He has also submitted that in her statement recorded under Section 183 of the BNSS, 2023, the victim girl has implicated the petitioner No.1. 13. I have considered the submissions made by the learned counsel for both sides. 14. The victim girl has herself submitted that there was no love affair between her and the petitioner No. 1 for the last 7 years. 15. The injury report of the victim girl shows that she sustained only simple injuries with one abrasion over left arm and abrasion mark over neck. 16. As regards accusation under Section 69 of the BNSS, 2023 is concerned, the statement of victim girl has already been recorded. 17. Considering the progress made in the investigation and considering the fact that the statement of the victim girl has been recorded and other co- accused persons have also cooperated in the investigation, this Court is of opinion that if the petitioner No. 1 also cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Lakhipur P.S. Case No.59/2025. 18. In view of above, the petitioner No.1 is directed to appear before the Investigating Officer of Lakhipur P.S. Case No.59/2025 within a period of 7 days from the date of this order and cooperate in the investigation. If he does so within a stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each 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 Page No.# 5/5 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. 19. Considering the fact that the other petitioners i.e. petitioner Nos. 2 to 7 have complied with the directions of this Court and have cooperated in the investigation, the interim bail granted to them by order dated 09.05.2025 is hereby made absolute with condition Nos. 1 and 2 attached to the said order remaining intact. 20. This anticipatory bail application, is accordingly, disposed of. 21. Send back the case diary. JUDGE Comparing Assistant