Page No.# 1/4 GAHC010109592025 2025:GAU-AS:8034 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1157/2025 RAFIQUL ISLAM AND 3 ORS SON OF MANNAS ALI R/O VILL- NORSINGBORI, P.O. DATIALBORI, P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN-782126 2: KARIMUL ISLAM S/O MANNAS ALI R/O VILL- NORSINGBORI P.O. DATIALBORI P.S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 3: JEHIRUL ISLAM S/O MANNAS ALI R/O VILL- NORSINGBORI P.O. DATIALBORI P.S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 4: MANNAS ALI SON OF LATE RAJAB ALI R/O VILL- NORSINGBORI P.O. DATIALBORI P.S. MOIRABARI DIST. MORIGAON ASSAM Page No.# 2/4 PIN-78212 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17.06.2025 Heard learned counsel Mr. A.I Uddin for the petitioners, namely, (1) Rafiqul Islam, (2) Kamirul Islam, (3) Jehirul Islam, (4) Mannas Ali who have filed this application under Section 482 of the B.N.S.S, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Moirabari P.S Case No. 71/2025 under Section 69/64/76/351(2)/3(5) of the B.N.S, 2023. Heard Mr. B Sarma, learned Additional Public Prosecutor, Assam who has raised serious objections against the bail petition. It is submitted on behalf of the petitioners that all the petitioners are brothers and the petitioner No. 4 is the father of petitioner No. 1, 2 and 3. It is not plausible that the victim will be sexually assaulted by father and sons together. Moreover, it is submitted that the victim is a married woman and she has concealed the fact that she is married. She has lodged a false F.I.R against all the petitioners. Earlier, the victim had lodged a false F.I.R against her own father-in- law and brothers-in-law. This F.I.R is marked as annexure 2 of the petition. This F.I.R clearly reveals that the victim was a married woman. Thus, it is not plausible that a married woman will be enticed and induced by another person with false promises of Page No.# 3/4 marriage and thereafter, impregnated in the false pretext of marriage. Mr. B Sarma, learned Additional Public Prosecutor, Assam has raised serious objections stating that the medical report reveals that the victim is pregnant. The statement of the victim under Section 183 of the Cr.P.C clearly implicates the petitioners. It is, thereby, submitted that the petitioners who are booked in the heinous offence are not entitled to pre-arrest bail and this petition is ought to be rejected. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. The petitioners No. 3 & 4 are already on interim bail. It is submitted on behalf of the petitioner No. 3 & 4 that they have appeared before the I/O and they have co-operated with the investigation. The Case Diary does not reveal their statements. However, I have considered the entire petition. I have also considered the submission that the petitioners are willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon them. The merits of this case are not brought to the fore as investigation is still under progress. I have considered the age of the petitioner No. 4. I have also considered the submission that the petitioners are local residents and they are no flight-risks. It appears that further custodial detention may not be required as investigation has progresses substantially. In the wake of the foregoing discussions and considering all aspects, this petition is allowed. The interim order of petitioner No. 3 & 4 dated 27.05.2025 is, hereby, made absolute under the same terms and conditions. The petitioner No. 1 & 2 are granted anticipatory bail. In the event of their arrest the petitioners shall be enlarged on bail of Rs 50,000/- (Rs Fifty Thousand only) each with a suitable surety of like amount to the satisfaction of the arresting authority Page No.# 4/4 under the conditions that : (1) The petitioners shall appear before the I/O within 1(one) week and co-operate with the investigation. (2) The petitioners shall appear before the I/O on every fortnight till completion of the investigation. (3) The petitioners shall not leave the jurisdiction of the Court without prior permission, and (4) The petitioners shall not exercise threats to the witnesses and the victim. On breach of any the aforementioned bail conditions, the bail order shall automatically stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant