Page No.# 1/3 GAHC010262212025 2025:GAU-AS:17759 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2807/2025 NOZMUL HUSSAIN SON OF AZIR UDDIN BARBHUIYA, VILL- BEHARA -IV, P.S. KATIGORAH, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F A LASKAR, MR A MALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.12.2025 Heard Mr. F.A. Laskar, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Nozmul Page No.# 2/3 Hussain, has prayed for granting pre-arrest bail, apprehending arrest in connection with Katigorah P.S. Case No. 131/2019, under Section 376 IPC. 3. The investigation has resulted in a charge sheet under Section 376 IPC and the sole accused/petitioner is indicated as an absconder. 4. From the record, the learned Additional Public Prosecutor submits that the learned court below followed the proper procedure by issuing summons first, followed by BWA which was served and thereafter issued NBWA and therefore, there is no infirmity in the said proceedings. 5. The learned counsel for the petitioner submits that he wishes to appear and co-operate with the trial but the penal provisions being sessions triable; perhaps, the Magistrate may be constrained to grant bail. 6. In view of the stage of the case and to enable the trial to move ahead, I am inclined to grant pre-arrest bail to the petitioner. 7. Accordingly, in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Katigorah P.S. Case No. 131/2019, under Section 376 IPC, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. 8. The direction for bail is further subject to the condition(s) that the accused-petitioner: (a) shall appear before the learned court below and co-operate with the trial; (b) shall not hamper or tamper with evidence; and (c) shall not intimidate or harass the family members of the victim. 9. Violation or breach of condition(s) shall entail cancellation of the Page No.# 3/3 bail. 10. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant