Page No.# 1/3 GAHC010123522025 2025:GAU-AS:8039 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1307/2025 MIYACHAN @ MD. MIYACHAN @ MD. MEHSAN ALI S/O- ABDUL BAREK @ BAREK ALI, R/O- VILL.- AND P.O.- TAPABARI. P.S.-HAJO, DIST.- KAMRUP(RURAL), ASSAM. PIN-781102. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:FARIDA KHATUN @ RAKHI W/O- MADAN LAL. R/O- VILL.- NO.2 DOKANIA P.S.- HAJO. DIST.- KAMRUP(R) ASSAM Advocate for the Petitioner : MUSTAFIJUR RAHMAN, MR L HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17-06-2025 Heard learned counsel Mr. M. Rahman for the petitioner Miyachan @ Md. Page No.# 2/3 Miyachan @ Md. Mehsan 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 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 petitioner has been harassing the victim. 3. It is submitted on behalf of the petitioner that no direct allegation of any sexual assault has been attributed to the petitioner in the FIR. The petitioner is 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 petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not flight risk. 5. It appears that bail may be granted to the petitioner. 6. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- Page No.# 3/3 (i) the petitioner shall appear before the Investigating Officer within one week and shall cooperate with the investigation, (ii) the petitioner shall not exercise threats to the victim and the witnesses or go anywhere near the victim, (iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioner 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