Page No.# 1/4 GAHC010172362026 2026:GAU-AS:14581 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1896/2026 SAHMIM RAHMAN MAZUMDER S/O JASIM UDDIN MAZUMDER, PRESENTLY R/O RAJ NAGAR, PS DHOLAI, DIST CACHAR, ASSAM, PERMANENT RO NILBAGAN, PS MURAJHAR, HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D K AGARWALA, M U BARBHUYAN Advocate for the Respondent : PP, ASSAM, MS. S T NESSA(INFORMANT),SABRISH AHMED(INFORMANT),MS A HUSSAIN(INFORMANT) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 1. Heard Mr. D. K. Agarwala, the learned counsel appearing for the accused applicant. Also heard Ms. A. Begum, the learned Additional Page No.# 2/4 Public Prosecutor for the State respondent as well as Mr. S. Ahmed, the learned counsel for the respondent No. 2. 2. This is an application under Section 482 of BNSS, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Sonai Police Station Case No. 79/2026, registered under Sections 64(1)/351(2) of BNS, 2023. 3. An FIR was lodged on 03.08.2026 before the Officer-in-Charge, Sonai Police Station, by the informant, alleging, inter-alia, that the accused person is known to the informant, and since the informant's parental home is near the house of the accused-applicant, who is a solar vendor contractor, the accused started interacting with her for certain affidavits and agreements; that the accused person started dropping her sometimes after her court hours by his car. It is alleged that on such occasion, taking advantage of her simplicity, he raped her. 4. On receipt of the aforesaid FIR, police registered Sonai Police Station Case No. 79/2026 under the abovementioned sections. 5. This Court vide an order dated 17.08.2026, has granted interim pre- arrest bail to the accused-applicant. 6. Case Diary in the instant case has been received, and the same is perused. 7. The learned counsel appearing for the accused-applicant submits that in terms of the interim order dated 17.08.2026, the accused- applicant has appeared before the Investigating Officer, and he has Page No.# 3/4 been cooperating with the investigation. He prays that therefore, the interim pre-arrest bail granted to him should be made absolute. 8. Mr. Ahmed, the learned counsel appearing for the respondent No. 2, i.e., the informant, has filed an affidavit in opposition in the instant case, opposing the prayer of bail as well as prayed for cancellation of the interim pre-arrest bail that has been granted to the accused- applicant. 9. He submits that the accused-applicant has been granted bail without consideration of the material facts and without considering the gravity of the offense as has been alleged. He submits that this Court has granted interim pre-arrest bail to the accused-applicant mainly on the ground that the informant is in habit of filing FIRs against different persons on fake allegations. 10. He submits that, in fact, the only case that has been referred by the accused-applicant is one of the case when the informant was a minor girl, he had been raped by the accused therein with the false promise of marriage and when she became major, she was not married by the accused therein, therefore, the FIR was filed. He submits that particular case doesn't have any relevancy to the facts of the instant case, and facts of this case should be considered independently. 11. This Court has heard the submissions made by the counsel appearing for the respective parties and has also gone through the materials available in the case diary, including the statement of the accused as well as the informant. Page No.# 4/4 12. It is seen that after granting of the pre-arrest bail, nothing has been placed on record to show that the accused-applicant has violated any terms of the bail conditions, as well as there is any inducement or threat by the accused-applicant to any of the witnesses that may be involved in the instant case. 13. Taking into account the conduct of the accused-applicant as well as the materials available in the case diary, this Court is of the considered view that the interim pre-arrest bail dated 17.08.2026 should be made absolute. 14. Accordingly, the instant AB application is disposed of by making the interim pre-arrest bail order dated 17.08.2026 absolute. 15. Case Diary be returned. JUDGE Comparing Assistant