Page No.# 1/4 GAHC010254092025 2025:GAU-AS:17341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2703/2025 SADDAM HUSSAIN SON OF ABDULLAH RESIDENT OF VILLAGE-SUWAGURI P.S.- BISWANATH CHARIALI DIST.-BISWANATH ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : A B T HAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-12-2025 Heard Mr. ABT Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Saddam Hussain who is apprehending his arrest in connection with Biswanath Chariali P.S. Case No. 179/2025 under Sections 87/70(1) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Hoque, learned counsel that the present petitioner is innocent and he has not committed any such offence, as alleged in the FIR. 5. He further submitted that the actual fact of the case is that the present informant had dispute with her husband and she is the 3rd wife of her husband and in that regard there was a meeting/Bichar held wherein she was given advise by some elderly person, but instead of listening to those advice, she lodged the FIR against the present petitioner with some false and concocted allegation. No such incident had happened, as alleged in the FIR. 6. Mr. Sarma, learned Addl. PP submitted in this regard that there are sufficient materials in the case diary and the victim in her statement recorded under Sections 180 and 183 BNSS had made the description as to how, the present accused person along with other co-accused had committed rape on her. One independent witness also supported the prosecution case. Accordingly, Page No.# 3/4 Mr. Sarma, learned APP raised objection and submitted that it is not at all a fit case to grant the privilege of pre-arrest bail to the petitioner. 7. Heard the submissions of learned counsel for both sides and I have also perused the case diary and the statement made by the victim recorded under Sections 180 and 183 BNSS. 8. It is a fact that she brought some sort of allegations in her statement made under Sections 180 and 183 BNSS. But considering the entire circumstances of this case as well as the medical report which speaks of no injury on her body and her private parts, though it was alleged that the present accused petitioner along with other co-accused of the case had committed rape on her on several occasions during the entire night. More so, it is also seen that inspite of such an incident, the FIR was lodged only after 3-4 days of the occurrence without any explanation in the FIR. 9. So considering the entire aspect of the matter, submissions of the learned counsel for both sides and on perusing the case diary vis-à-vis the medical report of the victim, I find it to be a fit case to extent the privilege of pre-arrest bail to the accused petitioner. 10. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Saddam Hussain in connection with Biswanath Chariali P.S. Case No. 179/2025 under Sections 87/70(1) of BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) Page No.# 4/4 week from today to enable recording of his statement; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 11. 11. With the above observation and direction, this pre-arrest bail application stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant