Page No.# 1/3 GAHC010276182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2939/2025 FWILAO BASUMATARY S/O - KAMLESWAR BASUMATARY VILL.-SALJHORA P.S.- KAJALGAON DIST.-CHIRANG,ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS. B DAS,MS R DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.02.2026 Heard Mr. Mintu Saikia, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State. Page No.# 2/3 2. This application has been filed under Section 482 of BNSS, 2023 for grant of pre-arrest bail to the accused petitioner in connection with Kajalgaon PS Case No. 184/2025 under Section 318(4)/64/296/351(2) of BNS 2023. 3. The allegation against the petitioner is that he had committed rape upon the victim lady by resorting to blackmail after recording indecent video and photos of the victim in his mobile phone. 4. The Case Diary as called for has been produced. 5. From the statement of the victim as well as other witnesses, it appears that admittedly the victim, who is a married lady was having a love affair with the petitioner, who is also a married person and it also reveals that they have visited different hotels on as many as 15 occasions wherein sexual intercourse between them took place, which the victim claimed to be against her consent. 6. Pursuant to interim protection granted by this Court, the petitioner had appeared before the I.O and his statement has also been recorded. 7. Although the I.O. has noted that the petitioner had not been co-operating with the investigation as he has not surrendered his mobile phone despite issuance of notice under Section 94 BNSS. It is submitted by learned counsel for the petitioner that the petitioner may not have received any such notice and if necessary, he is willing to appear again before the I.O and co-operate with the investigation. 8. Having regard to the above, custodial interrogation of the petitioner does Page No.# 3/3 not appear to be necessary. 9. Accordingly, the prayer for bail is allowed by making absolute the order of interim prayer for bail dated 15.12.2025 and recalling the order dated 02.02.2026. 10. It is further provided that the petitioner shall fully co-operate with the investigation and hand over any documents/mobile handset etc. that may be required for the purpose of investigation. 11. It is further provided 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/them from disclosing such facts to the Court or to any Police Officer. 12. The petition stands disposed of accordingly. 13. Send back the Case Diary. JUDGE Comparing Assistant