Page No.# 1/3 GAHC010112882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1184/2025 SOPIKUL ISLAM ALIAS SAFIKUL ALI S/O AYUB ALI R/O BARUNDANGA P.S. TAMARHAT, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, A S CHOUDHURY,MR A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23.06.2025 Heard Mr. S. Das, the learned counsel for the petitioner. Also heard Mr. M.P.Goswami, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Sopikul Islam Alias Safikul Ali, Page No.# 2/3 who is apprehending arrest in connection with Tamarhat Police Station Case No. 34/2025, under Sections 68/3(5) of the BNS, 2023. 3. Learned Addl.Public Prosecutor has raised serious objection in granting pre-arrest bail to the petitioner stating that there are incriminating materials in the Case Diary. Petitioner has been implicated by the victim in the statement u/s 161 CrPC /183 BNSS. 4. The gist of the accusation in this case is that the victim woman had lodged an FIR on 09.04.2025, inter-alia, alleging that on 08.04.2025, the petitioner told the victim woman that he will drop her at her sister's house and, accordingly, she accompanied the victim on a motorcycle. 5. However, when they reached a nearby “Sal Bagan”, on his motorcycle, the petitioner forcefully committed rape on her. 6. It is also alleged that the brother-in-law of the victim was guarding them at that time. Thereafter, when villagers chased them, they fled from that place on bike. 7. It is further stated in the FIR that the victim fell down from the bike and on the next morning, she lodged the FIR. 8. The learned counsel for the petitioner has submitted that the allegations levelled in the FIR are not true. He submits that there is an extramarital relationship between the victim and the present petitioner and the affair between them was consensual in nature. 9. He also submits that it is apparent from the FIR itself, which states that the victim accompanied the petitioner on his bike and thereafter, also tried to flee from the place when they were noticed by the villagers on his bike, which itself indicates that there was consensual relationship between them. Page No.# 3/3 10. I have considered the submissions at the Bar with circumspection. 11. I have also scrutinized the Case Diary. The petitioner has appeared before the I.O. and has co-operated with the investigation. His statement has been recorded. 12. The merits of the case are not brought to the fore. 13. It appears that the pre-arrest bail may be granted to the petitioner. 14. In view of above, the interim pre-arrest bail granted to the petitioner on 29.05.2025 is hereby made absolute with the same terms and conditions. 15. The pre-arrest bail application stands disposed of. JUDGE Comparing Assistant