Page No.# 1/4 GAHC010130182025 2025:GAU-AS:9373 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1364/2025 SAMIUL ALI ALIAS BAHER S/O LATE TAMIJ UDDIN SEKH R/O VILL- NO. 2 SEKHADARI P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR P SHARMAH, MR R CHETRY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-07-2025 Heard Mr. P. Sharmah, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on Page No.# 2/4 behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Boko P.S. Case No. 192/2025 u/s 64(1)/351(3) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Sharma that with some false and concocted allegation, the FIR has been lodged against the present petitioner. From the plain reading of the FIR it is seen that even if any physical relationship has taken place between the victim and the accused it was consensual as it was alleged that for 5 to 7 days he had sexual intercourse with the informant. Moreover, the informant is a married lady with children and she could have raised her voice on the first day night of the incident but even after 5 to 7 days she did not raise her voice and subsequently the FIR has been lodged. Mr. Sharma further submitted that during that period of incident her father-in-law also died and many people came to their house and hence the incident could not have had happened, if there was no consensus from the victim. However, the petitioner is ready and willing to cooperate with the I/O in further investigation of the case, if she is provided with the privilege of pre-arrest bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the victim had implicated the present petitioner in her statement recorded u/s 183 BNS. It is seen that the accused had committed the same nature of offence on five occasions by taking some obscene videos of the victim. Mr. Borthakur accordingly raised objection and submitted that it could not be a fit case for pr-arrest bail. Page No.# 3/4 6. Hearing the submission made by learned counsel for both sides, I have also perused the case record and the case diary and the materials in the case diary and other aspects of the case, I find that custodial interrogation for further investigation may not be required for the interest of the investigation. Hence, I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Samiul Ali @ Baher in connection with Boko P.S. Case No. 192/2025 u/s 64(1)/351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, he shall be enlarged on interim pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 4/4 8. With the above observation, the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant