Page No.# 1/4 GAHC010008282026 2026:GAU-AS:1880 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/124/2026 SAHER ALI S/O SOMER UDDIN SK. RESIDENT OF VILL- BALAPARA, P.S. MATIA DIST. GOALPARA, ASSAM, PIN-783125 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : F Z MAZUMDER, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-02-2026 Heard Mr. F.Z. Mazumdar, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Saher Ali in connection with Matia P.S. Case No. 81/2025 under Sections 87/75(3)/64(1)/127(2)/115(2)/351(2)/3(5) of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Mazumdar, the learned counsel for the petitioner that the present petitioner is innocent and has not committed any such offence as alleged in the FIR. More so, in the statement made in the FIR itself, it is seen that the petitioner had some relationship with the accused and subsequently she lodged the FIR against the accused/petitioner. Further he submitted that the present petitioner and the accused/person had some good relationship but as the husband of the petitioner had suspicion on the victim that she had some illicit relationship with the accused, he insisted her to lodge the FIR. Only on the insistent made by her husband she lodged the FIR against the present accused/petitioner. However, the petitioner is ready and willing to extend his cooperation for further investigation of the case, if he is granted with the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner, especially in her statement made by the victim u/s 180 & 183 BNS, she implicated the accused/persons and as per her statement she was raped by the accused/petitioner on the night of occurrence. Mr. Sharma accordingly submitted that it is not a fit case to extent the privilege of pre-arrest bail to the present petitioner at this stage and accordingly prayed for rejection of the same. Page No.# 3/4 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary. From the materials available in the Case Diary and also considering the statement made by the victim u/s 180 & 183 BNS, I find that custodial interrogation of the present petitioner may not be necessary for the interest of investigation. 7. In view of this, I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner and accordingly the prayer is allowed. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Saher Ali in connection with Matia P.S. Case No. 81/2025 under Sections 87/75(3)/64(1)/127(2)/115(2)/351(2)/3(5) of BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand)only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Page No.# 4/4 the Court or to any police officer. 9. The anticipatory bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant