Page No.# 1/3 GAHC010196342025 2025:GAU-AS:11935 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2145/2025 AMIRUL ISLAM SON OF LATE RAHMAN ALI RESIDENT OF VILL- DHARAKUBA ARAT, P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S P DAS, MS. S BAISHYA,MS C BORA,MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2025 Heard Mr. S.P. Das, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with PRC Case No. 175/2025 pending in the Court of Chief Judicial Page No.# 2/3 Magistrate, South Salmara, Mankachar corresponding to Mankachar P.S. Case No. 34/2025 registered under Section 64(1)/351(2) of the BNS, 2023. 3. The FIR dated 14.03.2025 reveals that on 03.03.2025 at around 12:30 p.m, the petitioner was allegedly said to have taken the victim to a nearby house and committed rape upon her. 4. Mr. S.P. Das, learned counsel for the petitioner submits that although this is the third application on behalf of the petitioner but due to the fact that the said case is registered under Section 64 of BNS and also due to the fact that the case is not yet committed to the Sessions Judge, he is unable to pray for bail before the Court of CJM, although he was directed to do so by the order of this Court dated 17.07.2025 and as such, he prays for bail. 5. Mr. J. Chutia, learned Addl. Public Prosecutor for the State respondent however submits that the bail application on behalf of the petitioner has already been rejected by this Court once and was directed to appear before the Court below after filing of the Charge-sheet and as such, he prayed for calling of the scanned copy of the TCR, in view of the merits of the case. 6. On considering the submissions made by the learned counsels at the bar, more so in the facts that the incident happened in the broad daylight and there has been much delay in lodging the ejahar, this Court deems it fit that the petitioner may be released on interim pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority under the following conditions:- 1. The petitioner will not temper with the evidence or influence any other witnesses. 2. The petitioner will co-operate with the investigation and will appear Page No.# 3/3 before the Investigating Officer as and when called for and will appear before the Court on 17.10.2025 without any fail. 3. The petitioner will not leave the place of residence without the prior permission of the CJM, South Salmara, Mankachar. 7. Accordingly, the Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant