Page No.# 1/3 GAHC010066582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/758/2025 SUHAIL AHMED AND ANR S/O ABDUL HASIM R/O VILL NOGABANDHA, P.S. LAHARIGHAT DIST. MORIGAON, ASSAM 2: ABDUL HASIM S/O LT HUSSAIN ALI R/O VILL NOGABANDHA P.S. LAHARIGHAT DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:AMINA KHATUN W/O AZIZUL HOQUE R/O VILL NOGABANDHA P.S. LAHARIGHAT DIST. MORIGAON ASSA Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MR J C BORAH (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 04.06.2025 Heard Mr. F. Haque, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam and Mr. J.C. Bora, learned counsel appearing for the informant. This application has been filed under Section 482 of the BNSS, 2023 by the petitioners, namely, (1) Suhail Ahmed and (2) Abdul Hasim, praying for anticipatory bail in connection with Lahaharighat P.S. Case No. 40/2025. One girl below 18 (eighteen) years had lodged an FIR alleging that one day she went to the pharmacy of the petitioner no. 1 where she was given some medicines for which she lost her consciousness. Later on, she came to know that in the meantime the petitioner no. 1 had taken some nude photographs of her and thereafter by showing those photographs the petitioner no. 1 started to threaten her to procure consent for sexual intercourse. Thereafter, she was raped by the petitioner no. 1 on several times. Although, it was informed to the petitioner no. 2, yet he did not cooperate with the informant. From the case diary, it appears that now the girl has become 18 (eighteen) years old. At that time, when the incident took place she was below 18 (eighteen) years. She was the consenting party to the act of the accused petitioner. Her story failed to inspire confidence to draw an adverse view against the petitioners. Considering the aforesaid facts, the pre-arrest bail of the petitioners is allowed. Accordingly, the interim bail granted on 01.04.2025 in favour of the petitioner no. 2 Abdul Hasim is made absolute. Page No.# 3/3 Further, it is hereby directed that in the event of arrest of the petitioner no. 1 Suhail Ahmed in connection with Lahaharighat P.S. Case No. 40/2025, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner no. 1 is directed to appear before the Investigating Officer within 10 (ten) days from today. The bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant