Page No.# 1/3 GAHC010193432026 2026:GAU-AS:13147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2158/2026 SAHID ALOM ALIAS SAHID ALAM AND ANR S/O- AZIR UDDIN 2: NASIR UDDIN SON OF ABDUL KHALIK BOTH ARE R/O- KACHARIPARA P.S.-DOBOKA DIST-HOJAI ASSAM PIN- 78244 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR A K AZAD,P ADHIKARI,G UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.09.2026 Heard Mr HRA Choudhury, learned Senior Counsel, assisted by Ms M Ibnat, learned counsel for the petitioners. Also heard Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner prayed for pre-arrest bail in connection with Page No.# 2/3 Doboka P S Case No. 113/2026, under Sections 69/74/115(2)/351(2)/ 127(2)/3(5) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner is apprehending arrest, was lodged by the victim herself on 17.07.2026, alleging inter alia, that the petitioner by giving false promise to marry had intentionally deceived her and sexually exploited her. She stated that on 06.07.2026, at about 08:30 pm, the petitioner No. 1 assured her that he would take her to his home and marry her and that trusting his words, she accompanied him, but instead of taking her to his home, petitioner No. 1 along with petitioner No. 2, took her to a forest area and the petitioner No. 1 had raped her there with the help of the petitioner No. 2. She also stated that the petitioner No. 2 also tried to rape her, but when she raised hue and cry, he could not. In the said FIR, she also stated that in the year 2023, on the false assurance of marriage, petitioner No. 1 took her to various places in the country and during the same, she was subjected to physical relationship without her consent. 4. Mr HRA Choudhury, learned Senior Counsel for the petitioners submits that the petitioner No. 1 went out for his work to other countries and that the informant had befriended him and forced him to marry her, for which an FIR was lodged by the father of the petitioner. He also submitted that the informant had threatened the petitioner and his father to pay her an amount of Rs. 3 lacs. 5. Ms S H Bora, the learned Additional Public Prosecutor for the State, however, submits that the ingredients of Section 69 of the BNS, 2023, is writ large in the FIR, inasmuch, as on the false promise to marry, the petitioner is stated to have taken advantage and subjected the victim to physical relationship and as such, she has prayed for calling of the Case Diary. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that the informant had herself written in the FIR that in the year 2023, she accompanied the petitioner to different places in the country and she having never Page No.# 3/3 raised any objection, this Court deems it fit that the petitioners be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- each, with one local surety each to the satisfaction of the arresting authority, under the following conditions:- i) the petitioners shall appear before the Investigating Officer within 10 (ten) days from the date of the order and should cooperate with the investigation; ii) the petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioners shall not leave their residence without prior permission of the Investigating Officer. 7. Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant