Page No.# 1/3 GAHC010140532025 2025:GAU-AS:10602 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1465/2025 MAHIBUR RAHMAN S/O- KUDDUS ALI. R/O- VILL.- NO.2 ADAVETI, P.O.- TEWARIPAL, P.S.- SOOTEA, DIST.- BISWANATH, ASSAM, PIN-784175. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : B BURAGOHAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 12.08.2025. Heard Mr. B. Buragohain, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. P.P., Assam for the respondent State. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Mahibur Rahman who is apprehending arrest in connection with the Sootea P.S. Case No. 58/2025, Page No.# 2/3 registered under Sections 329(4)/76 of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. B. Buragohain, learned counsel that the petitioner is innocent and nothing had happened as alleged against him in the FIR. The actual fact of the case is that the husband of the informant took the plough from him with the assurance to return after ploughing his land. The present petitioner asked the husband of the informant to return the plough and he told that the petitioner can bring the same from his house. Accordingly, the petitioner went to the house of the victim and took his own plough, when the victim raised halla and there was some heated argument on that. Except the said incident, nothing had happened as alleged in the FIR. However, the petitioner is ready and willing to extend his cooperation with further investigation of the case, if he is provided with the privilege of pre-arrest bail. Mr. B. Sarma, the learned Additional Public Prosecutor, Assam submitted in this regard that there are sufficient incriminating materials against the present petitioner, specially the victim in her statement recorded under Section 183 of the BNSs, 2023, as to how she was sexually assaulted by the accused petitioner. Hearing the submissions made by learned counsel for both sides, I have also perused the case diary. Considering the materials available in the case diary and the statement of the victim and other aspects of the case, I find that custodial interrogation of the accused petitioner may not be required in the present case and accordingly Page No.# 3/3 pleased to extend the privilege of pre-arrest bail to the petitioner. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Mahibur Rahman in connection with the the Sootea P.S. Case No. 58/2025, registered under Sections 329(4)/76 of the BNS, 2023, he shall be enlarged on pre-arrest bail on 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, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant