Page No.# 1/3 GAHC010188102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2009/2025 SAMSUL ALOM KHAN @ SAMSUL HAQUE KHAN SON OF LATE MONTU KHAN RESIDENT OF VILL- BARENGA PART-III, P.S. SILCHAR, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19 .09. 2025 Heard Mr. H.R. Choudhury learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent. This application has been preferred by the petitioner namely, Samsul Alom Khan @ Samsul Haque Khan under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Silchar P.S. Case No. 511/2025 under Section 64(1) of Page No.# 2/3 the BNS, 2023. The allegation made in the FIR was that the informant lodged an FIR before the O.C., Silchar Sadar Police Station on 14.05.2025 alleging inter alia that on 13.05.2025 at about 10.30 a.m. while the informant alongwith her children was sleeping in the room, taking the advantage of absence of her husband, the accused person forcefully entered into her house by breaking the kitchen door and outraged her modesty and forcefully committed sexual assault on her. Accordingly, Silchar P.S. Case No. 511/2025 under Section 64(1) of the BNS, 2023 against the petitioner. The learned counsel for the petitioner submitted that the petitioner is on interim bail granted by this court vide order dated 03.09.2025 and the petitioner has appeared before the I.O. and his statement was recorded. Case diary is received and perused. It is submitted by the learned counsel for the petitioner that this case is a counter blast to certain previous events as outlined in the instant petition. It is further submitted that in the FIR, it is alleged that the offence was committed by the petitioner while the informant was sleeping with her 16 years old son and therefore such type of offence is inherently improbable and besides that her house is situated in a busy area near switch gate where police personal are always deployed 24 hours. On perusal of the case diary and the statement of the victim, the same do not appear to have been supported by the medical examination report as far as the injury claimed to have been sustained by the victim due to assault inflicted by the accused. Having regard to the above, custodial interrogation of the petitioner may Page No.# 3/3 not be required. The prayer for pre-arrest bail is allowed. Accordingly, interim order dated 03.09.2025 is hereby made absolute, subject to the conditions mentioned in the interim order itself. The bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant