Page No.# 1/3 GAHC010111832025 2025:GAU-AS:7672 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1175/2025 SAHANUR SHEIKH ALIAS SAHANUR ALI SON OF MAJIBAR SK. R/O VILL- CHIKIBIKI,P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 12.06.2025 Heard Mr. N. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Sahanur Sheikh @ Sahanur Ali, son of Majibar SK, resident of village-Chikibiki, Police Station-Bongaigaon, District- Bongaigaon has filed this application under section 482 BNSS, 2023 praying for his pre-arrest bail in Bongaigaon Page No.# 2/3 Police Station Case No. 403/2024, registered under Section 376 IPC read with Sections 66E/67A of the IT Act. 3) As per the FIR dated 25.12.2024 lodged by the informant/victim before the Bidyapur Outpost under the jurisdiction of the Bongaigaon Police Station, the accusation against the petitioner is that the informant is a widow and about two years back, the petitioner forcefully and against her will, raped the informant and also videographed the said scene in his mobile and threatened her that if she reveals about the said incident, then he shall publish it and shall make the said video viral. On such threat of the petitioner, the informant/victim did not inform about the said incident to others. But she later came to know that the petitioner has published the said video and circulated it to others; since, about a month back, the petitioner and the other accused, Shariful Ali proposed the victim to commit bad work, which she did not accept and thereafter, the petitioner made the said videographed scene viral. 4) The said FIR of the informant/victim was initially registered as Bidyapur OP GDE No. 469 dated 25.12.2024 and on being forwarded to the Bongaigaon Police Station, the same was registered as Bongaigaon Police Station Case No. 403/2024 under Section 376 IPC read with Sections 66E/67A of the IT Act. 5) Perused the case diary placed before the Court today by Mr. B Sharma, learned Additional Public Prosecutor, Assam, which is up to 17.03.2025. 6) It is seen that during the investigation of the case, the other accused Shariful Ali had been arrested and was detained in custody and from him, a mobile phone has been recovered which has been sent to the FSL for its necessary report. 7) From the case diary, it is seen that the statement of the independent witnesses, which have already been recorded by the concerned Investigating Officer of said Bongaigaon P.S. Case No. 403/2024 indicated that it is the petitioner who has circulated such videos of obscene scenes of the victim to the others and he is evading arrest. 8) It is also seen that in spite of the information given to the family members of the petitioner, he did not appear before the concerned Investigating Officer of the case and has not cooperated with the investigation of said Bongaigaon P.S. Case No. 403/2024. 9) From the case records, it is also seen that in her statement under Section 183 BNSS, 2023 recorded on 30.12.2024 by the learned Judicial Magistrate First Class, Bongaigaon, the victim has Page No.# 3/3 implicated the petitioner of committing the alleged crime. 10) Considering such materials in the case diary, the Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Sahanur Sheikh @ Sahanur Ali, son of Majibar SK in said Bongaigaon P.S. Case No. 403/2024. 11) Accordingly, this pre-arrest bail application of the petitioner, namely, Sahanur Sheikh @ Sahanur Ali, son of Majibar SK in said Bongaigaon P.S. Case No. 403/2024 stands rejected. JUDGE Comparing Assistant