Page No.# 1/4 GAHC010049692025 2025:GAU-AS:5178 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/555/2025 RAJIB AHMED @ SHAHA ALAM S/O ABDUL HAI VILL- LOCHANABORI P.S.MOIRABARI DIST.MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR. NOOR KUTUB ALAM,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.04.2025 Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Morabari P.S. Case No. 15/2025, under Sections 61(2)/140(3)/64/131/351 (2)/3(5) of BNS read with Section 67 of IT Act. Case Diary has been received and I have perused the same. It is submitted by Mr. Rahman, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. He had love affairs with the victim and if there is any physical relationship between them, it was purely consensual one and out of the said love affairs, the accused also proposed to marry the victim. But, the family members of the victim did not agree to their marriage as the accused was also 18 years old boy. However, the petitioner is still ready and willing to marry the victim if she gives her consent. Further he submitted that from the seizure list, it is seen that all the 19 numbers of obscene photographs were seized from the possession of the victim herself and not from the possession of the present accused/ petitioner. The accused is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of pre-arrest bail. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that the victim had implicated the present accused/petitioner in her statement under Section 183 of BNSS, though she admitted love affairs between them. Further he submitted that 19 numbers of photographs were already Page No.# 3/4 seized from the possession of the victim, which were already made viral by the accused/petitioner. Mr. Goswami accordingly raised objection and submitted that it is not a fit case to grant the privilege of pre-arrest bail to the present accused/petitioner. Considering the submissions made by the learned counsels of both sides, and also considering the materials available in the Case Diary and other aspects of the case, I find that custodial interrogation of the present accused/petitioner is not necessary in this case and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Rajib Ahmed @ Shaha Alam, in connection with Morabari P.S. Case No. 15/2025, under Sections 61(2)/140(3)/64/131/351 (2)/3(5) of BNS read with Section 67 of IT Act, he shall be enlarged on pre- arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner 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 (ii) that the petitioner shall not, directly or indirectly, make any Page No.# 4/4 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