Page No.# 1/3 GAHC010066632025 2025:GAU-AS:4882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/734/2025 RAJ SAHID @ RAJ SAHAID ALOM S/O- RAFIKUL HOQUE 2: RAFIKUL HOQUE @ ROFIQUL S/O. ASATULLA SHEIKH 3: RAHUL AMIN @ RAHUL ALI S/O. RAFIKUL HOQUE 4: RASIDA BIBI @ ROSHIDA BIBI W/O. ROFIQUL HOQUE ALL ARE R/O. VILL.- BHAMANDANGA PT.-I P/S. AGOMONI DIST. DHUBRI PIN-783335 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. K DEVI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-04-2025 Heard Ms. K. Devi, learned counsel for the petitioner Nos. 1. Raj Sahid @ Page No.# 2/3 Raj Sahaid Alom, 2. Rafikul Hoque @ Rofiqul Ali, 3. Rahul Amin @ Rahul Ali, and 4. Rasida Bibi @ Roshida Bibi, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail, as they are apprehending arrest in connection with Agomoni P.S. Case No. 36/2025 under Sections 87/64/117/118/119/122/ 74/109 of the BNS Act, 2023 corresponding to G.R. Case No. 327/2025. 2. Heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner No. 1 is that he had a love relationship with the victim X. On 25.01.2025 at about 12:00 o’ clock midnight when the victim went out to answer the nature’s call, the petitioner No. 1 along with some miscreants kidnapped her and she was confined in the petitioners’ house. She was also subjected to sexual assault till 5:00 o’ clock. The other petitioners have assaulted the victim X and attempted to strangulate her with an attempt to kill her. The victim was unconscious and collapsed on the road and in the morning, a stranger saw her lying on the road and took her to the hospital. The stranger also provided shelter to the victim. As the victim was missing for 10 (Ten) days, the FIR was lodged after 10 (Ten) days. 4. It is submitted on behalf of the petitioner that a false case has been brought up against the petitioners. The petitioner No. 1 was working in Kerala. It is admitted that the petitioner No. 1 and the victim had a love relationship and as they were minors, marriage was not solemnized between them. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. The merits of the case are not brought to the Page No.# 3/3 fore. Investigation has progressed substantially. It appears that custodial interrogation may not be required. 6. Considering all aspects, in the event of arrest, petitioner Nos. 1. Raj Sahid @ Raj Sahaid Alom and 3. Rahul Amin @ Rahul Ali 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 petitioner Nos. 1 and 3 shall appear before the Investigating Officer within one week and cooperate with the investigation and, (ii) the petitioner Nos. 1 and 3 shall not exercise threats to the witnesses or to the victim. 7. On breach of any of the bail conditions, the pre-arrest bail shall automatically stand cancelled. 8. The interim order dated 28.03.2025 granting bail to petitioner No. 2. Rafikul Hoque @ Rofiqul Ali and 4. Rasida Bibi @ Roshida Bibi is hereby made absolute. 9. Send back the Case Diary. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant