Page No.# 1/3 GAHC010097272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1043/2025 MD AKASH ALI S/O- LATE SELIM ALI RESIDENT OF NO.2 MATHGHARIA, ISLAM NAGAR, P.S.- NOONMATI, DIST-KAMRUP(M), ASSAM, PIN-781020 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:MRS MARZINA KHATUN W/O- MD. MOHOR ALI RESIDENT OF NO.2 MATHGHARIA ISLAM NAGAR P.S.- NOONMATI DIST-KAMRUP(M) ASSAM PIN-78102 Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, MR S A REEYAZ(R-2),MR. R K MUSHAHARY(R-2),J U AHMED (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 28.05.2025 Heard Mr. L. Gogoi, learned counsel for the petitioner as well as Ms. N. Das, learned Additional Public Prosecutor, Assam. Also heard Mr. J. U. Ahmed, learned counsel for the respondent no. 2. This application has been filed under section 482 of the BNSS, 2023 praying for anticipatory bail by the petitioner Md. Akash Ali in connection with Noonmati P. S. Case No. 88/2025. One 17 (seventeen) years old girl was in love with the present petitioner. One day, the petitioner called her to his house where physical relation was done by the petitioner with her. After returning home, she told her mother about the incident. Thereafter, her mother lodged the FIR. In the Police Station the informant stated that on promise of marry, the petitioner had committed physical relationship with her daughter. Mr. Gogoi, learned counsel for the petitioner has submitted that although the petitioner is ready to marry the girl but she is only 17 (seventeen) years old. Therefore, the petitioner is waiting till the girl becomes a major. I have considered the submissions made by the learned counsel for both the sides. The girl has also narrated the same story in her statement recorded under Section 183 of the BNSS, 2023. Considering entire aspect of the matter, this court is of the opinion that under the given circumstances there is no allegation that the petitioner had dragged out his promise. Therefore, the petitioner does not deserve to be detained in custody. Hence, the prayer for anticipatory bail of the petitioner is allowed. It is hereby directed that in the event of arrest of the petitioner Md. Akash Ali in connection Page No.# 3/3 with Noonmati P. S. Case No. 88/2025, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner shall appear before the Investigating Officer as and when called for. The bail application is disposed of. Return the case diary. JUDGE Comparing Assistant