Page No.# 1/3 GAHC010011162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/124/2025 KAYEM ALI AND ANR S/O HOBIBAR RAHMAN R/O KACHUMARA P.S. KACHUMARA DIST. BARPETA, ASSAM 2: ROBIUL HOQUE @ ROBIAL ALI S/O GOFUR ALI R/O KACHUMARA P.S. KACHUMARA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:AHER ALI S/OLATE NASIM ALI R/O 3 NO. TUPAMARI P.S. NAGARBERA DIST. KAMRUP ASSAM PIN-78552 Advocate for the Petitioner : MR. S U AHMED, MR A HAWARI Advocate for the Respondent : PP, ASSAM, P. KALITA(R-2),MR. A PARAMANIK (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Page No.# 2/3 ORDER 11.02.2025 1. Heard learned counsel Mr. A. Hawari for the petitioners namely, (i) Kayem Ali, and (ii) Robiul Hoque. 2. The petitioners have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are apprehending arrest in connection with Nagarbera P.S. Case No. 01/2025 under Sections 329(4)/64/351(2)/296 of the BNS. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State and learned counsel for the respondent No. 2, Mr. A. Paramanik. 4. Learned Additional Public Prosecutor and learned counsel for the respondent No. 2 have raised serious objection stating that the gravity of the offence does not entitle the petitioners to pre-arrest bail. 5. It is submitted on behalf of the petitioners that the allegation is basically against the accused No. 1 who has already been arrested in connection with this case. No offence under the POCSO Act is attributed to the present petitioners. The allegation against the present petitioners is that they tried to restrain the family members of the victim when the accused No. 1 was caught red handed with the victim in the victim’s room in his attempt to commit sexual assault on the victim. 6. I have scrutinized the Case Diary. It appears that anticipatory bail may be granted to the present petitioners. The merits of this case are not brought to the fore as investigation is still under progress. Page No.# 3/3 7. In view of my foregoing discussions, petition is allowed. The present petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation, and (ii) The petitioners shall not exercise threats to the witnesses or try to influence them. 8. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 9. In terms of the above observation, bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant