Page No.# 1/3 GAHC010142392026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1679/2026 ARIFUL ISLAM AND 2 ORS. S/O ANAR HUSSEN, VILL. NO.2 KANDHULIMARI, P.S. DHING, DISTRICT. NAGAON, ASSAM. PIN. 782123. 2: AMRAN HUSSAIN S/O MOJIBUR RAHMAN VILL. NO.2 KANDHULIMARI P. DHING DISTRICT. NAGAON ASSAM. PIN. 782123. 3: JAHIRUL ISLAM S/O BAHARUL ISLAM VILL. 152 SORU RADHA ATI P.S. DHING DISTRICT. NAGAON ASSAM. PIN. 78212 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ZAKIR HUSSAIN (INFORMANT) S/O JALAL UDDIN VILL. AMLAKHI P.S. BATADRAVA DIST. NAGAON ASSAM. PIN. 782122 Advocate for the Petitioner : MR. Z HAMMAD, R DAS Advocate for the Respondent : PP, ASSAM, MR. O ULLAH(INFORMANT),I AMIN(INFORMANT),MR. A S TAPADER(INFORMANT),MOTIUR RAHMAN(INFORMANT) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 09.09.2026 Heard Mr. Z. Hammad, learned counsel for the petitioners and Mr. P. S. Lahkar, learned Addl. PP for the State respondent. Also heard Mr. M. Rahman, learned counsel for the respondent No. 2. 2. This is an application under Section 482 of BNSS, 2023 seeking pre-arrest bail by the petitioners namely (1) Ariful Islam, (2) Amran Hussain and (3) Jahirul Islam, apprehending arrest in connection with Batadrava P.S. Case No. 66/2025 (G.R. Case No. 1156/2025) registered under Sections 87/ 64(2)(M)/ 127(3)/ 3(5)/ 351(2)(3) of the BNS, 2023, read with Section 6 of the POCSO Act, pending in the court of the learned Special Judge (POCSO), Nagaon, Assam. 3. It is submitted by the learned counsel for the petitioners that the petitioner No. 2 and 3 were granted interim protection vide order dated 24.07.2026, pursuant to which they had appeared before the I.O. and their statements were recorded. The investigation of the case is almost over and the charge sheet has already been submitted. The learned counsel for the petitioners has submitted that at this stage custodial interrogation of the petitioners may not necessary. 4. The learned counsel for the informant objects to the prayer for pre-arrest bail to the petitioners on the ground that the petitioner No. 1 has not cooperated with the investigation and the charge sheet has already been filed Page No.# 3/3 showing the name of the petitioner No. 1 as an absconder. 5. On perusal of the statement of the victim, it appears that the case is of elopement out of adolescent love and having regard to the fact that investigation has been completed and custodial detention of the petitioners is not necessary for the purpose of trial, the prayer for pre-arrest bail in respect of the petitioner Nos. 2 and 3 is allowed. Accordingly, the interim order dated 24.07.2026 is hereby made absolute subject to the conditions mentioned therein. 6. With regard to the petitioner No. 1, Ariful Islam, in the event of his arrest in connection with the aforementioned case, he shall be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Special Judge POCSO, Nagaon/ arresting authority. 7. It is provided that the petitioners shall not approach the victim or their family members or try to influence or intimidate any persons or witnesses acquainted with the facts of the case, in any manner. It is further provided that in the event of any violation either directly or indirectly is found by the arresting authority or the learned trial Court, the same may entail cancellation of the bail order. 8. The petition accordingly stands disposed of. 9. Return the case diary. JUDGE Comparing Assistant