Page No.# 1/4 GAHC010139732026 2026:GAU-AS:10295 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1524/2026 KHALILUR RAHMAN S/O LATE SORHAB ALI R/O NO. 4 BHANDARA P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ASADUL ISLAM S/O HOCHEN ALI R/O VILLAGE NO. 6 BHANDARA P.O. BHANDARA BAZAR P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PH. NO. 9577663718 ------------ Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.07.2026 Heard Mr. M. Khan, learned counsel for the applicant and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. K. R. Patgiri, learned counsel for the respondent No. 2 2. This application, under Section 482 of the BNSS, 2023, is preferred by the applicant, namely, Khalilur Rahman, who has been apprehending his arrest in connection with Manikpur P.S. Case No. 39/2026, registered under Sections 127(2)/64(1)/61(2)(a)/336(2)/ 49/3(5) of the BNS, 2023, read with Sections 4/17 of the POCSO Act, read with Sections 9/10/11 of the Prevention of Child Marriage Act. 3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Asadul Islam on 02.06.2026. The essence of allegation against the applicant is that on 01.06.2026, at about 12:30 AM, while the minor sister of the informant went out to attend the call of nature, she was found to be missing. Later on, he came to know that the one Saminul Hoque has kidnapped his sister and kept her confined in an unknown place and he also tried to forcefully marry her, and the present applicant has introduced the victim girl with Saminul Hoque. 4. Mr. Khan, learned counsel for the applicant submits that the applicant is innocent and nowhere in the FIR his name finds mention and he is ready to cooperate with the investigating agency and therefore, he has contended to Page No.# 3/4 allow this application. 5. On the other hand, Mr. Parashar, learned APP for the respondent No. 1, has opposed the petition on the ground that he has connection with the main culprit and therefore, he has contended to dismiss the petition. 6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Parashar, learned APP. 7. In view of the materials collected so far in the case diary, especially the statement of the victim girl recorded under Section 183 BNSS as well as the progress of investigation, this Court is of the view that custodial interrogation of the applicant, namely, Khalilur Rahman, is not necessary in the interest of investigation and accordingly, this Court is inclined to allow this petition. 8. It is provided that in the event of arrest of the applicant, namely, Khalilur Rahman, in connection with Manikpur P.S. Case No. 39/2026, registered under Sections 127(2)/64(1)/61(2)(a)/336(2)/ 49/3(5) of the BNS, 2023, with added Sections 4/17 of the POCSO Act, with added Sections 9/10/11 of the Prevention of Child Marriage Act; he shall be released on pre-arrest bail, on his executing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the arresting authority. 9. The above privilege is however, subject to the following conditions – Page No.# 4/4 (i) that the applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the applicant 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; and (iii) That the applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Bongaigaon, without prior permission. 10. The case diary be returned. JUDGE Comparing Assistant