Page No.# 1/2 GAHC010017072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/200/2025 AMIRUL ISLAM S/O NAYAN ALI @ NAYAN ALI SHEIKH VILL-BORO RAVATARY PT.I, (BALUGHAT),P.O. RAVATARY P.S. SOUTH SALMARA, DIST.DHUBRI, ASSAM PIN-783127 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MR A ALIM SK,MR K ISLAM,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.02.2025 Heard Mr. M. Mondal, the learned counsel appearing for the petitioner and Mr. K. Baishya, the learned Additional Public Prosecutor for the state of Assam. Page No.# 2/2 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of South Salmara P.S. Case No. 147/2024. 3. A 24 year old girl was maintaining a relationship with the present petitioner, who is only 22 years of age. During their relationship, on many occasions, the petitioner allegedly physical relationship with the girl. She says that on each of those occasions, he did so with a promise of marriage. On one such occasion, the petitioner allegedly called the girl to his house so that their marriage would be solemnised there. But instead of solemnisation of marriage, the petitioner allegedly had physical relationship with her and thereafter, he fled from the place. 4. I have considered the submissions made by the learned counsels of both sides. 5. A simple promise to marry without anything more does not constitute a misconception of fact. 6. Therefore, the allegations brought against the petitioner do not justify his detention in custody. His pre-arrest bail application is allowed. 7. It is hereby directed that in the event of arrest in connection with South Salmara P.S. Case No. 147/2024, the petitioner, Amirul Islam shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 8. The petitioner shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant