Page No.# 1/4 GAHC010111272026 2026:GAU-AS:10298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1189/2026 FARIJUL HAQUE ALIAS FAJLUR RAHMAN S/O- LATE JOWAHER ALI, R/O- BONMAJA PATHAR, P.O- BILASHIPARA BAZAR P.S- GABARDHAN,DISTRICTBAKSA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR P DAS, MS N BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.07.2026 Heard Mr. P. Das, learned counsel for the applicant and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Gobardhana PS Case No. 132/2025, under Sections 329(4)/296/64(1)/351(3) of the BNS, this application under Section 482 of the BNSS, is preferred by applicant namely, Farijul Haque @ Fajlur Rahman, for grant of pre-arrest bail. 3. It is to be noted here that the above noted case has been registered on Page No.# 2/4 the basis of one FIR lodged by one Monuwara Begum (actual name withheld) on 09.12.2025. 3.1. The essence of allegations, against the applicant, are that on 26.02.2025, while her husband and her son went to attend a cultural function in the nearby school and she was sleeping with her daughter, at about 09:00 pm, the applicant came to her house and called her husband and then she replied that her husband left for the school to enjoy the function. Thereafter, the applicant asked her for a glass of water and while she opened the door, the applicant entered into her house and gave her indecent signal and while she opposed, he grabbed her from behind and fell her on the ground and then attempted to commit sexual intercourse with her. In the meantime, her husband arrived at there and then the applicant fled away leaving his mobile phone in her house. 3.2. Thereafter, again on 30.11.2025, at about 09:00 pm, while she went to attend the call of nature, at the backside of her house, the applicant caught hold of her mouth from behind and undressed her and inserted his finger in her private part and he also threatened her to kill her by means of a knife, but she somehow managed to escape, by giving a bite over his hands. 4. Mr. Das, learned counsel for the applicant, submits that the applicant is serving in BSF and on 25.02.2025, he was in Bangalore and in support of the said contention, Mr. Das has produced the mess attendance sheet, before the court. 4.1. Mr. Das further submits that the allegation leveled against the applicant is false and in fact, the husband of the informant mortgaged a plot of land, measuring 3 bighas, for a period of 5 years, @ Rs. 3,00,000/- and even after elapsed of 5 years, he failed to return the sum to the applicant. However, he managed to return a sum of Rs. 1,50,000/- in the year 2023 and rest of the amount are yet to be paid. Page No.# 3/4 4.2. Mr. Das also submits that this Court was pleased to grant interim protection to the applicant, vide order dated 05.06.2026 and pursuant to the said order, the applicant has appeared before the IO and he has been cooperating with the investigating agency and his statement has also been recorded. Therefore, Mr. Das has contended to make the interim order dated 05.06.2026, absolute in the same terms and conditions. 5. On the other hand, Mr. Parasar, learned Additional Public Prosecutor, has vehemently opposed the petition and by producing the case diary before this Court, submits that in view of the statement of the victim woman, recorded under Section 183 of the BNSS, this application may be dismissed. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the application as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. It appears that vide order dated 05.06.2026, the applicant has been granted the interim protection and also he was directed to appear before the IO and accordingly, he had appeared before the IO and his statement was recorded. From the statement of the applicant as well as the victim woman, recorded under Section 183 of the BNSS, it is found that though the last occurrence took place on 30.11.2025, the complaint case was lodged with the learned Chief Judicial Magistrate, Baksa at Mushalpur, on 09.12.2025 and the FIR was registered only on 23.12.2025. Further it appears that the IO has achieved substantial progress in the investigation. 8. Thus, considering the materials collected so far in the case diary and also considering the fact that the applicant has been cooperating with the investigating agency and the progress of investigation, this Court is of the view Page No.# 4/4 that the custodial interrogation of the applicant seems to be unwarranted here in this case. 9. Accordingly, this Court is inclined to make the interim order dated 05.06.2026, absolute in the same terms and condition. 10. In terms of above this AB stands disposed of. 11. The case diary be returned. JUDGE Comparing Assistant