Page No.# 1/4 GAHC010170212026 2026:GAU-AS:11611 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1893/2026 NOOR AHMED S/O ALA UDDIN VILL-RATANPUR, P.O. KALIGANJ BAZAR, P.S. SRIBHUMI (KARIMGAN) JDIST-SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17.08.2026 Heard Mr. HRA Choudhury, learned Senior Counsel, assisted by Mr. I. U. Chowdhury, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused applicant in connection with PRC Case No. 1150/2026, arising out of Karimganj P.S. Case No.632/2024, registered under Section 376 of the IPC. 3. An FIR was lodged on 12.11.2024, by the informant before the Officer-in- Charge, Karimganj Police Station, alleging, inter alia, that about 8 (eight) months prior to the lodging of the FIR, when she was alone near the village Mosque, the accused person dragged her towards a nearby jungle and committed rape upon her. It is alleged that when she attempted to disclose the incident to her family members and co-villagers, the accused person promised to marry her. However, later the accused person raped her multiple times with the enticement to marrying her. It is alleged that due to the aforesaid acts of the accused, she became pregnant and when she pressurized the accused to marry her; the accused fled to Bangalore. 4. On receipt of the FIR, the police registered Karimganj P.S. Case No.632/2024 under the aforementioned section. 5. On completion of the investigation, the police filed Charge-Sheet No. 82/2025 dated 28.02.2025 under Section 376 of the IPC against the accused applicant, citing 5 (five) prosecution witnesses (PWs). 6. Mr. Choudhury, learned Senior Counsel, submits that the accused-applicant has been issued a bailable warrant of arrest by the learned Chief Judicial Magistrate, Sribhumi, vide order dated 30.07.2026, fixing on 16.09.2026 for his appearance in connection with the present case. He submits that, since the offence alleged is exclusively triable by the learned Court of Sessions, the accused-applicant has a reasonable apprehension of being taken into custody Page No.# 3/4 upon his appearance under Section 232 of the BNSS, prior to committing the case to the learned Court of Sessions. The learned Senior Counsel further submits that a bailable warrant had earlier also been issued against the accused-applicant; however, he could not appear as he was staying in Bangalore at that point of time. He submits that the accused-applicant is very much willing to face the trial and, therefore, at this stage, the accused-applicant may be granted some protection so that he can appear before the learned CJM on 16.09.2026. 7. Mr. Baruah, learned Addl. P.P., submits that the case relates to a heinous crime and that the accused-applicant has been absconding for a long time. He, therefore, submits that no interim relief should be granted to the accused- applicant at this stage. 8. Heard the learned counsel for the respective parties. It is seen that, though the warrant issued against the accused-applicant is bailable in nature, the apprehension of the accused-applicant being taken into custody cannot be ruled out, particularly since the case is yet to be committed to the learned Sessions Court and there may be some apprehension of arrest upon his appearance before the learned CJM. 9. Taking into account the aforesaid circumstances, this Court is of the considered opinion that the instant anticipatory bail application can be disposed of at this stage, with a direction to the accused-applicant to appear before the learned Chief Judicial Magistrate, Sribhumi on 16.09.2026. 10. Accordingly, it is directed that in the event of arrest of the accused applicant by the Arresting Authority, he shall be released on pre-arrest bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety Page No.# 4/4 of like nature to the satisfaction of the Arresting Authority, connection with PRC Case No. 1150/2026, arising out of Karimganj P.S. Case No.632/2024, registered under Section 376 of the IPC, subject to the following conditions: i. That the accused applicant shall appear before the learned Chief Judicial Magistrate, Sribhumi on 16.09.2026; ii. That the accused 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 such person from disclosing such facts before the Trial Court; and iii. That the accused applicant shall cooperate with the trial and make himself available as and when called for. 11. In view of the aforesaid directions, the instant anticipatory bail application stands disposed of. JUDGE Comparing Assistant