Page No.# 1/3 GAHC010167942026 2026:GAU-AS:12928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1864/2026 SHRI BINIT MALAKAR ALIAS BINEET MALAKAR SON OF SRI PARITOSH MALAKAR, RESIDENT OF VILLAGE - BABU PATTY, LUMDING, P.O. AND P.S. - LUMDING, DISTRICT - HOJAI, ASSAM PIN 782447 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J P DAS, J KALITA,MS S.DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date :07.09.2026 Heard Mr. J.P. Das, learned counsel for the accused-applicant. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of the BNSS, 2023 is preferred praying for granting pre-arrest bail to the accused-applicant in connection with Lumding P.S. Case No.124/2026, registered under Section 64(1) of BNS, 2023. Page No.# 2/3 3. An FIR was lodged on 20.07.2026, by the informant before the Officer-in- Charge, Lumding Police Station alleging that on 19.07.2026, at about 7 p.m., the accused-applicant called her over phone and took her to one hotel, namely, Blue Hill Hotel in Lumding and without consent of the informant, he forcefully had physical relation with her. It is also alleged that the accused-applicant threatened the informant of consequences if the incident is revealed to somebody. 4. In view of the aforesaid FIR, Lumding P.S. Case No.124/2026, was registered under the aforementioned section. 5. Mr. Das, learned counsel for the accused-applicant submits that the accused-applicant is a 22 years old boy and whatever physical relation occurred between the accused-applicant and the informant, was consensual in nature, and therefore, the accused-applicant has not committed any offence as alleged in the FIR. Accordingly, Mr. Das prays for granting pre-arrest bail to the accused- applicant. 6. The case diary in the instant case has been received and the same is perused. 7. Mr. Das, learned Additional Public Prosecutor on the other hand, opposes the prayer of pre-arrest bail submitting that the investigation in the instant case is still going on. 8. Taking into account the entire facts of the case as well as on perusal of the case diary, this Court is not inclined to grant the relief of pre-arrest bail to the accused-applicant at this stage. 9. Accordingly, the instant AB stands dismissed. Page No.# 3/3 10. Case diary be returned. JUDGE Comparing Assistant