Page No.# 1/3 GAHC010141042025 2025:GAU-AS:12094 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1544/2025 ALOM HUSSAIN @ ALOM HOSSEN S/O- ABDUL SALAM, R/O- PATAKATA, P.S- SOUTH SALMARA, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A RAHMAN, MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.09.2025 1. Heard Mr. S Munir, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has sought for pre-arrest bail in connection with South Salmara P.S Case No. 62/2025 registered under Page No.# 2/3 Section 329(4)/64/76/308(3) of B.N.S, 2023. 3. The F.I.R dated 16.06.2025 reveals that on 06.06.2025 at around 11:00 PM the accused person with whom the victim had love relationship for the last 6 years, told her to open the door on the pretext that he had brought some gift for her on the occasion of Eid and that after opening the door the accused persons forcibly raped her against her will. When the victim raised hue and cry and on the advent of the neighbouring people, the petitioner fled away from the scene. 4. Mr. S Munir, learned counsel for the petitioner submits that there was a love relationship between the petitioner and the victim for many years and the FIR was lodged after 10(ten) days of the occurrence and as such has prayed for bail. 5. Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam, on perusal of the Case Diary as well as the statement of the victim under Section 183 of the BNSS, 2023 wherein she stated that when she opened the door on the request made by the petitioner that he had brought some gift for her on the occasion of Eid and that after opening the door the petitioner forcibly raped her against her will, prays that no bail may be granted to the petitioner. 6. Upon consideration of the submissions made by the parties as well as the contents of the FIR and the statement of the victim, this Court deems it fit to release the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- with 1(one) local surety of the like amount to the satisfaction of the arresting authority under the following conditions : (i) The petitioner shall cooperate with the Page No.# 3/3 investigation and appear before the I/O within 7(seven) days from the date of this order. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave their place of residence without the permission of the arresting authority. 7. In view of the same, petition is disposed of. JUDGE Comparing Assistant