Page No.# 1/3 GAHC010120782025 2025:GAU-AS:8038 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1286/2025 JITEN DAS AND ANR S/O JANKI DAS, R/O VILLAGE AND P.O. SILKURI, PS. HAJO, DISTRICT KAMRUP(RURAL), ASSAM, PIN 781103 2: MIRU ALI S/O NOCHAD ALI VILL- PANDITAR PAM P.O. SILKURI P.S. HAJO DIST. KAMRUP (RURAL) ASSAM PIN-78110 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MISS. FARIDA KHATUN @ RAKHI W/O MADAL LAL VILL- NO. 2 DOKANIA P.S.HAJO DIST. KAMRUP (RURAL) ASSAM (INFORMANT) Advocate for the Petitioner : MR. A MANNAF, MUSTAFIJUR RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17-06-2025 Heard learned counsel Mr. A. Mannaf for the petitioners No. 1 Jiten Das and 2. Miru Ali, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Hajo Police Station Case No. 171/2025 registered under Section 126(2)/64(1)/76/351(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, who has raised serious objection against the bail petition stating that the statement of the victim under Section 183 of BNSS clearly implicates that the petitioners have been harassing the victim. 3. It is submitted on behalf of the petitioners that no direct allegations of any sexual assault have been attributed to the petitioners in the FIR. The petitioners are willing to cooperate with the remaining part of the investigation. It is submitted that the prime accused has already been enlarged on bail in connection with Bail Application No. 1819/2025. 4. I have scrutinized the Case Diary. I have considered the submissions that the petitioners are willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. The petitioners are local residents and they are not flight risks. 5. It appears that bail may be granted to the petitioners. Page No.# 3/3 6. In the event of their arrests, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with one suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and shall cooperate with the investigation, (ii) the petitioners shall not exercise threats to the victim and the witnesses or go anywhere near the victim, (iii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioners shall not leave the jurisdiction of the Court without prior permission till completion of investigation. 7. On breach of any of the bail conditions, the bail order shall automatically stand cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant