Page No.# 1/2 GAHC010009042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/170/2026 AZIZUR RAHMAN AND ANR S/O ABUL HUSSAIN VILL- BURIRMARI, P.S- GAURIPUR, DIST- DHUBRI, ASSAM 2: ABDUL MOTALEB @ MOTALEB HOSSEN S/O ABDUL JABBAR ALI VILL- BURIRMARI P.S- GAURIPUR DIST- DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ABDUL KAIM S/O LATE JOYNAL HOQUE VILL- BURIRMARI P.O- DEBOTTAR HASDAHA P.S- GAURIPUR DIST- DHUBRI ASSAM PIN 78333 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, MS. D PATHAK Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2026 Heard Mr. S. Islam, learned counsel appearing for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam as well as Ms. D. Pathak, learned counsel representing the respondent no. 2. By this application filed under Section 482 of the BNSS, 2023, the petitioners, namely, (1) Azizur Rahman @ Ajijul Rahman and (2) Abdul Motaleb @ Motaleb, have prayed for pre-arrest in connection with Gauripur P.S. Case No. 02/2026. A 17 (seventeen) years old girl was kidnapped and was subjected to physical harassment. I have gone through the statements of the victim girl that was recorded under Section 183 of the BNSS, 2023. There are sufficient incriminating materials against the petitioner no. 1 Azizur Rahman @ Ajijul Rahman. Therefore, the prayer for pre-arrest bail made in favour of the petitioner no. 1 Azizur Rahman @ Ajijul Rahman is rejected. However, there are scanty materials against the petitioner no. 2 Abdul Motaleb @ Motaleb. Therefore, the petitioner no. 2 does not deserve to be detained in custody at this stage. Hence, the prayer of the petitioner no. 2 for pre-arrest bail is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner no. 2 Abdul Motaleb @ Motaleb in connection with Gauripur P.S. Case No. 02/2026, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to condition that he shall appear before the Investigating Officer within 10 (ten) days from today. The bail application is disposed of. JUDGE Comparing Assistant