Page No.# 1/3 GAHC010114592025 2025:GAU-AS:8037 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1189/2025 SAHIL HUSSAIN ALIAS SAHIL ALI S/O SADULLA ALI, PERMANENT R/O. VILL. ALLIBARI, P.O. RANI, P.S.-PALASHBARI, DIST.- KAMRUP (ASSAM), PIN-781131 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M R SODIAL, R ALI,MR. M H SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.06.2025 1. Heard learned counsel Mr. M. H. Saikia for the petitioner Sahil Hussain @Sahil Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Palashbari Police Station Case No. 143/2025 under Page No.# 2/3 Section 87 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that the victim was a minor aged only 17 years and this indicates that the offence is of a heinous nature. 4. I have considered the submissions at the Bar. I have scrutinized the Case Diary. 5. I have considered the submission that the petitioner has admitted that he had a love relationship with the victim and the victim eloped with the petitioner on her own volition. The victim girl has already been recovered and she has been handed over to her family members. 6. It appears that custodial interrogation may not be required. 7. The merits of the case are not brought to the fore. 8. I have considered the submission that the petitioner has pledged to co- operate with the remaining part of investigation. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioner shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation, and (ii) The petitioner shall not exercise threats to the witnesses or try to tamper with the evidence. Page No.# 3/3 10. On breach of any of the bail conditions, bail shall stand automatically cancelled. 11. Send back the Case Diary. JUDGE Comparing Assistant