Page No.# 1/4 GAHC010045792025 2025:GAU-AS:5335 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/532/2025 RAMJAN ALI AND ANR. S/O- ABDUL BAREK, R/O- FAKALI PATHAR JURIA, DIST- NAGAON, ASSAM 2: MAJIBUR RAHMAN S/O LATE SADEK ALI R/O FAKALI PATHAR JURIA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MAJIDA KHATUN W/O LATE ALLALUDDIN RO FAKALI PATHAR P.S. JURIA DIST. NAGAON ASSA Advocate for the Petitioner : MR A SHARMA, Advocate for the Respondent : PP, ASSAM, MD A RAHMAN(R-2),SAMIM RAHMAN(R-2),MS SURAYA RAHMAN(R-2),MR SARFRAZ NAWAZ(R-2),A W AMAN (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 01.05.2025 Heard Mr. A. Sharma, learned counsel for the petitioners. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent and Mr. A. Rahman, learned counsel appearing on behalf of respondent No. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, who are apprehending arrest in connection with Juria P.S. Case No. 09/2025, under Sections 126(2)/75/323(2)/296/115(2)/3(5) of BNS read with Section 8 of POCSO Act. Case Diary has been received and I have perused the same. It is submitted by Mr. Sharma, learned counsel for the petitioners, that the present F.I.R. has been lodged with some false and concocted allegation only for a land dispute between the parties and one criminal cross case under Section 144(1) & 145 Cr.P.C. as well as cross F.I.R. has already been lodged against the informant. He further submitted that the learned Trial Court below had already granted bail to the other co-accused persons. The present accused/petitioners are innocent and they have not committed any such offence as alleged in the F.I.R. However, they are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of pre-arrest bail. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that Page No.# 3/4 considering the materials available in the Case Diary and also considering the statement of the victim recorded under Section 183 of BNSS, the present petitioners may be given a chance for appearing before the I.O. and to co-operate in the investigation. Mr. Rahman, learned counsel appearing on behalf of respondent No. 2, however, raised objection and submitted that it is not a fit case to grant the privilege of pre- arrest bail to the present accused/petitioners at this stage and accordingly, he submitted that the present anticipatory bail application made be rejected. Considering the entire submissions made by the learned counsels for both sides and the materials available in the Case Diary, I find that custodial interrogation of the present accused/ petitioners may not be required for the interest of investigation and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Ramjan Ali & (ii) Majibur Rahman, in connection with Juria P.S. Case No. 09/2025, under Sections 126(2)/75/323(2)/296/115(2)/3(5) of BNS read with Section 8 of POCSO Act, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners 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 Page No.# 4/4 (ii) that the petitioners 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 from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of in terms above. The Case Diary be sent back. JUDGE Comparing Assistant