Page No.# 1/2 GAHC010030302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/434/2025 ATAHAR ALI @ ATAHAR HUSSIAN S/O ABDUL MOTIN VILL-DAKHINKALIKAJARI, MIKIRBHETA P.S. MIKIRBHETA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.03.2025 Heard Mr. J. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of Page No.# 2/2 pre-arrest bail in respect of Morigaon PS Case No. 294/2024. 3. In the FIR dated 30.10.2024, a married woman having children has alleged that on 29.10.2024 when she was sitting at Bhurbanda Civil Hospital, she was enticed away to another place by the present petitioner alongwith Md. Bipul Ali. They sexually molested her. 4. On an earlier occasion, this Court allowed the prayer of Md. Bipul Ali on the ground that the CD revealed that the said woman had some sort of relationship with Md. Bipul Ali. 5. Mr. Ahmed submits that he owns a motorcycle. He also submits that Md. Bipul Ali had borrowed his motorcycle and his neighbor went with Md. Bipul Ali in his motorcycle. 6. I have considered the submissions made by the learned counsel of both sides. 7. Having considered the submissions, this Court is of the opinion that under the given circumstances of the case, the present petitioner does not deserve to be detained in custody. Therefore, his bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Morigaon PS Case No. 294/2024, the petitioner Atahar Ali @ Atahar Hussain shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 9. The petitioner shall co-operate with the Investigating Officer as and when called for. 10. With the aforesaid direction, the bail application is disposed of. The CD shall be returned. JUDGE Comparing Assistant