Page No.# 1/4 GAHC010171972026 2026:GAU-AS:11612 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1899/2026 A K AZIZUL ISLAM ALIAS AZIZUL HOQUE AND 2 ORS. S/O LATE HASEM ALI VILL GOSSAIDUBI BATAPARA, P.S LAKHIPUR, DIST GOALPARA, ASSAM 2: FAZLE KARIM AHMED ALIAS FOZLE KORIM S/O AK AZIZUL ISLAM ALIAS AZIZUL HOQUE VILL GOSSAIDUBI BATAPARA P.S LAKHIPUR DIST GOALPARA ASSAM 3: FATHEMA KHATUN ALIAS FATHEMA BEGUM W/O A K AZIZUL ISLAM ALIAS AZIZUL HOQUE VILL GOSSAIDUBI BATAPARA P.S LAKHIPUR DIST GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-08-2026 Heard Mr. T.J. Mahanta, the learned Senior counsel assisted by Mr. A.M. Ahmed, the learned counsel appearing for the accused-applicants. Also heard Mr. K.K. Baishya, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicants in connection with Lakhipur Police Station Case No. 131/2026, under Sections 83/64(1) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 06.08.2026 before the Officer-In-Charge of Lakhipur Police Station, alleging by the informant that the accused persons including the accused-applicants with the promise of a registered marriage, took the informant to their house on 15.12.2025. After that, the accused No. 1, namely, Roushan Al- Kabir, has been having sexual relationship with the informant with the promise of having a registered marriage. It is alleged that whenever she requests for a registered marriage, the accused No. 1 namely, Roushan Al-Kabir along with his family members, quarreled with her and physically abused her. She alleges that she has been cheated and the accused No. 1 has committed rape on her. 4. In terms of the aforesaid FIR, the Police registered Lakhipur Police Station Case No. 131/2026 under the aforementioned sections. Page No.# 3/4 5. Mr. T.J. Mahanta, the learned Senior Counsel appearing for the accused- applicants submits that the accused-applicants are the father, brother and mother of the accused No. 1. He submits that actually a social marriage was solemnized between the accused No. 1 and the informant and after that, the informant started staying with their family. It is submitted that immediately after the marriage, the informant started making certain scenes in the family and quarrelling with all the family members with one or other pretext. Being compelled with such situation, the accused No. 1, Roushan Al-Kabir, had, in fact, filed a complaint before the Executive Magistrate, Goalpara on 03.08.2026. He submits that after the informant came to know about the filing of the aforesaid complaint and registration of Misc Case No. 268/2026 before the Executive Magistrate, Goalpara, and thereafter, the informant had filed this instant FIR against the accused-applicants along with the accused No. 1 i.e. Roushan Al- Kabir. He submits that the instant FIR has been filed only to harass the accused No. 1 as well as the present accused-applicants, who are the family members of the accused No. 1. He submits that there is no allegation of commission of rape against accused-applicants in the FIR. He submits that taking into account the entire facts of the case, the accused-applicants should be granted pre-arrest bail in the instant case. 6. This Court has heard the submissions made by the learned counsel appearing for the respective parties including the submission of the learned Additional Public Prosecutor. 7. Taking into the account the entire facts of the case, this Court is of the considered opinion that the accused-applicants should be granted pre-arrest Page No.# 4/4 bail. Accordingly, it is directed that in the event of arrest of the accused- applicants by the Arresting Authority in connection with Lakhipur Police Station Case No. 131/2026, the accused-applicants shall be released on pre-arrest bail on furnishing of a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with suitable sureties of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) The accused-applicants shall appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) The accused-applicants shall cooperate with the investigation and shall make themselves available as and when required by the Investigating Officer. (iii) The accused-applicants shall not tamper and hamper with the investigation by influencing any witnesses in whatsoever manner. 8. In terms of the aforesaid directions, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant