Page No.# 1/5 GAHC040001212025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/7/2025 Sofikul Islam Son of Shri Abul Kashem, a permanent resident of village Ahmedpur Block, PO Katupur and PS Bihpuria, Lakhimpur District, Assam and presently residing at Emchi Village, PO and PS Doimukh, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : N Rama, N Kuma,Teshi Aaku,T Rahul,N Kanu,P Tatam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 12-02-2025 Heard Mr. N. Rama, learned counsel for the applicant. Also heard Ms L. Hage, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 482 of BNSS, 2023 praying for privilege of pre-arrest bail to the applicant, namely, Shri Sofikul Islam in connection with Itanagar WPS Case No. 65/2024 under Section Page No.# 2/5 64(1)/351 of BNS, 2023 read with Section 66(E), IT Act, 2000. 3. The FIR dated 26.11.2024 has been lodged against the accused applicant alleging of sexual harassment, and also blackmail and threatening to make viral of personal and private photographs of the victim. Accordingly, the case has been registered being Itanagar WPS Case No. 65/2024 under Section 64(1)/351 of BNS, 2023 read with Section 66(E) IT Act. The allegation in the FIR against the accused applicant is that in the absence of her husband, the accused applicant had committed a forceful rape on her and made a video, thereby, blackmailed her by threatening to make the said video viral on social media. 4. Mr. N. Rama, learned counsel for the accused applicant submits that the victim is in illicit relationship with the accused applicant and there has been consensual physical relationship between them. The present FIR has been filed by the victim after being pressurised to do so by her husband. He submits that the accused applicant used to help victim by providing financial assistance on many occasions. He further submits that after lodging of the FIR, the accused applicant, victim and the husband of the victim had entered into a mutual agreement whereby, it is stated that the physical relationship between the accused applicant and victim is of consensual in nature. Therefore, he submits that at best, it would be a case of adultery and in any case it does not attract the offence of rape. 5. Be that as it may, he submits that the accused applicant had appeared before the Investigating Officer on 3(three) consecutive days i.e. on 03.02.2025, 04.02.2025 and 05.02.2025 as well as on 07.02.2025. The Page No.# 3/5 Investigating Officer has recorded the statement of the accused applicant on 05.02.2025, and as directed by this Court he has surrendered his mobile phone to the Investigating Officer on 07.02.2025. Since, the accused is cooperating with the investigation by appearing before the Investigating Officer and there being no requirement of custodial interrogation, he prays that the accused applicant may be granted privilege of pre-arrest bail. 6. Ms. L. Hage, learned Additional Public Prosecutor submits that in terms of the order of this Court, the Investigating Officer had made an attempt to re-examine the victim, however, she was not found in her place of residence and therefore, the victim could not be re-examined. The allegation being serious in nature, and the accused applicant having been found to have deleted some data from his mobile phone, in the best interest of investigation, the accused applicant may not be granted bail at this stage as there is likelihood of hampering the investigation and tamper with the evidences. 7. I have considered the submissions of learned counsel for the parties, also perused the case diary. 8. The allegation against the accused applicant is serious in nature. However, after filing of the FIR, the victim and the accused applicant had made an attempt to settle the matter by stating that their physical relationship was of consensual in nature. It is seen that the Investigating Officer could not re-examine the victim due to absence of victim from her place of residence. It is also seen that the accused applicant had deleted Page No.# 4/5 some data prior to surrender of his mobile phone to the Investigating Officer, which indicates the tampering of evidence. However, the accused applicant and the victim have stated that their relationship is consensual in nature. Although, the allegations are serious in nature, considering that the custodial interrogation of the accused applicant is not required in the facts of the present case, I am of the view that the accused applicant is entitled to be admitted to the privilege of pre-arrest bail. 9. It is to be observed that observation made by this Court is only for the purpose of consideration for bail and in any case it shall not be construed to be an observation on merit. 10. Having considered the above and on perusal of the materials available on the case diary and without commenting on the merits of the case, I am inclined to grant privilege of pre-arrest bail to the accused applicant, namely, Sofikul Islam. Accordingly, the interim order dated 31.01.2025, is hereby made absolute with following conditions; (i) That the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when directed to do so. (ii) That the accused applicant shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer. 11. The anticipatory bail application stands allowed and disposed of. Page No.# 5/5 JUDGE Comparing Assistant