Page No.# 1/3 GAHC010239252025 2025:GAU-AS:15821 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2611/2025 BABAR HUSSAIN ALIAS BABAR ALI S/O TUTA MIA P.S. BAZARICHERRA DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : A B T HAQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 20.11.2025 Heard Mr. A.B.T. Haque, learned counsel for the petitioner and also heard Mr. R.J. Baruah, learned Addl. P.P for the state. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre arrest bail to the accused/petitioner, namely, Babar Hussain @ Babar Ali, who is apprehending arrest in connection with the Bazaricherra P.S. Case Page No.# 2/3 No. 205/2025, registered under Sections 448/376/417 of the IPC to PRC Case No. 1094/2024 pending before the Court of CJM, Sribhumi. 3. On 03.12.2022 one Sumon Begum daughter of Late Kutub Uddin lodged an F.I.R. before the In-Charge, Kataltali Watch Post, Sribhumi stating inter-alia that since last one year she has been living at her father house after leaving her husband house. The accused is her neighbor and on 10.03.2022 at about 5.30 PM the accused entered to her house when she was alone and forcefully raped her. The accused also requested her not to disclose the aforesaid incident to any body and alsopromised that he will marry her. Since then the accused person repeatedly came to her house when she was alone with a promise to marry her and established physical relation. At present she is 7 month pregnant. And the accused person refused to marry her and discontinued the relation. Therefore, the informant requested the officer In-charge to investigate the matter and take necessary action. Subsequently the I.O. has filed charge-sheet and it appears that the victim has also delivered a child and in her statement recorded under Section 164 Cr.P.C., she has stated that though she got married, but she subsequently used to stay in the house of her parents. The accused petitioner who is her neighbor, used to come to her house and on 10.03.2022, he came to her house when she was alone and forcefully committed rape upon her and thereafter, the accused petitioner frequently came to her house in the absence of her family 2023:GAU-AS:7223 members and made physical relationship with her with a promise to marry her. Accordingly, after four months, she came to realize that she was pregnant. Though she informed the matter to the petitioner, he asked her to keep quiet and he left for Bangalore. Later on, the victim gave birth to a child. 4. It is submitted on behalf of the petitioner that the victim is now a married Page No.# 3/3 lady staying with her husband and with her child and it is also contended that the child is not that of the petitioner, but of the husband of the alleged victim. Having regard to the fact that despite allegation of rape the victim was maintaining physical relationship with the accused-petitioner for several months thereafter, purportedly on the promise of marriage. The relationship appears to be consensus in nature. 5. An earlier pre-arrest bail application was filed on behalf of the petitioner in AB No 479/2025 which was rejected by order dated 16.05.2023 as the Court was of the opinion that the privilege of pre-arrest bail cannot be extended to the petitioner at that stage, subsequently, however the investigation has been completed. 6. Having regard to the aforesaid facts and circumstances, the prayer for pre arrest bail is allowed. 7. It is directed that in the event of arrest in connection with this case, the accused-petitioner, named above, shall be released on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) with one surety of like amount to the satisfaction of the arresting authority. 8. It is further provided that the petitioner shall appear before the trial regularly and shall not try to intimidate the witnesses in any manner. 9. Send back the case diary. JUDGE Comparing Assistant