Page No.# 1/3 GAHC010190882026 2026:GAU-AS:13005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2132/2026 ARIF AKHTAR S/O ASHIK ULLA, R/O VILL- BEHBERA GAON, P.S.- MISSAMARI, DIST.- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.09.2026 Heard Mr. R. Ali, the learned counsel for the petitioner and Mr. B Sarma, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Thelamara P.S. Case No. 53/2026, registered under Section 69 of BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner is apprehending arrest was lodged on 02.07.2026, by the father of the alleged victim, stating inter alia that on 17.06.2026, the petitioner by inducing his daughter took her to a tour around the Tezpur town and that, after taking her to a restaurant for lunch near the national highway, the petitioner is stated to have taken her to a room and had committed rape upon her. 4. Mr. Ali, the learned counsel for the petitioner, submits that the story narrated by the father of the alleged victim is a concocted story and that the petitioner's father was admitted in the hospital and he went to the Tezpur hospital to see his father and accompanied by the sister of the victim who was working in the said hospital, the petitioner went with the alleged victim as well as the sister of the victim to the restaurant for having lunch. 5. On the other hand, Mr. B. Sarma, the learned APP for the State, submits that the ingredients of Section 69, i.e., the allegation of rape having been committed upon the victim, are clearly mentioned in the FIR. It is further submitted that the FIR also states that the petitioner had confined the victim in a room for two hours and thereafter committed the alleged offence. He, therefore, opposes the prayer for bail at this stage and prays for calling for the Case Diary. 6. On consideration of the submissions made by the learned counsel, more so, in view of the fact that there has been a considerable delay in lodging the FIR, this Court deems it fit and proper to enlarge the petitioner on pre-arrest bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with a local surety of the like amount to the satisfaction of the Arresting Page No.# 3/3 Authority/Investigating Officer, subject to the following conditions: (i) The petitioner shall appear before the Arresting Authority/IO within 10 days from the date of this order. (ii) The petitioners should not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners will not leave their residence without prior permission of the Arresting Authority/I.O. 7. The AB Application stands disposed of. JUDGE Comparing Assistant