Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010166812026
2026:GAU-AS:11332
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1849/2026 AZIZUL RAHMAN S/O MOYNAL HOQUE, R/O VILL SHIMLABARI PT I, PO AND PS CHAPAR, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. B HUSSAIN,MR A ALAM,MRS R BEGUM,MR R A AHMED,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12.08.2026
Heard Mr. N.J. Dutta, learned counsel for the accused/applicant. Also heard Mr. K.K. Parashar, learned APP for the State. 2. This is an application filed under Section 482 of the BNSS, 2023
Page No.# 2/3 praying for granting of pre-arrest to the accused/applicant in connection with PRC Case No.135/2026 (arising out of Bongaigaon P.S. Case No. 291/2025), registered under Sections 64(1)/ 318(2) of the BNSS. 3. The allegations as alleged in the FIR dated 16.11.2025 are that with promise of marriage the accused/ applicant has committed rape on the victim girl. Mr. Dutta, learned counsel appearing for the accused/ applicant submits that after the investigation, the police filed a charge-sheet on 21.05.2026 and at present the matter is pending for appearence. He submits that in the meantime, both the victim girl and the accused person have been staying together and have applied for registration of their marriage. 4. In view of the aforesaid, he submits that the accused/ applicant as well as his wife are willing to appear before the Trial Court and co-operate with the trial. In view of the aforesaid submission, the learned counsel for the accused/ applicant submits that the accused/ applicant should be granted pre- arrest bail. 5. The learned counsel appearing for the accused/ applicant has submitted the application for registration of marriage which is kept on record and marked with letter “X”. 6. Taking into account the entire facts of the case, this Court is of the opinion that accused/ applicant should be granted pre-arrest bail. 7.
Accordingly, it is directed in the event of arrest of the accused/ applicant, the accused/ applicant shall be released on furnishing a bail bond of Rs.30.000/- (Rupees Thirty thousand only) with a surety of like nature to the satisfaction of JMFC 1st Class, Bongaigaon subject to the condition that the accused/ applicant along with his wife shall appear before Trial Court i.e., JMFC
Page No.# 3/3 1st Class, Bongaigaon on the date of appearance i.e., 18.08.2026. 8. In terms of the above directions the AB application is disposed of. JUDGE Comparing Assistant