Page No.# 1/3 GAHC010216512026 2026:GAU-AS:14523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2421/2026 NUR UDDIN ALIAS NUR UDDIN SHEIKH AND ANR S/O SOKIM ALI R/O VILLAGE CHOUDHURY CHAR PART II P O ALOMGANJ P S FAKIRGANJ DISTRICT DHUBRI ASSAM 2: EUNUS ALI S/O LT ROMES UDDIN R/O VILLAGE CHOUDHURY CHAR PART II P O ALOMGANJ P S FAKIRGANJ DISTRICT DHUBRI ASSAM MOBILE NO. 766401067 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AHMED, MR. Y ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30-09-2026 Heard Mr. AK Ahmed, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State respondent. Page No.# 2/3 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Fakirganj P.S. Case No. 114/2026 registered under Sections 61(2)/126(2)/64(1)/62 of the BNS, 2023. 3. The FIR in connection with which the petitioners apprehends arrest was lodged on 19.09.2026 by the informant inter alia stating that while she was going to her house on 27.08.2026, at about 7:00 pm, the petitioners who were hiding beforehand had caught her from behind and tried to rape her. She further stated that when she raised hue and cry, the petitioners fled away. 4. The learned counsel for the petitioners submits that the offences registered against the petitioners are not maintainable as the contents of the FIR shows about no rape being committed upon the informant. He submits that only offence under Section 62 of the BNS, 2023 is meted out, if at all the offence is committed. 5. On the other hand, Mr. RJ Baruah, learned Additional Public Prosecutor submits that the allegations are writ large in the FIR and that the case diary be seen. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that the FIR was lodged after many days of the offence, this Court enlarges the petitioners on pre-arrest bail on furnishing a bail bond of Rs.20,000/- each with one local surety each of the like amount to the satisfaction of the arresting authority under the following conditions:- i) The petitioners will appear before the Investigating Officer within a period of 15 (fifteen) days from the date of the order. Page No.# 3/3 ii) The petitioners will appear before the Investigating Officer as and when called for. iii) The petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) The petitioners will not leave the place of jurisdiction without the permission of the arresting authority. 7. Petition stands disposed of. JUDGE Comparing Assistant