Page No.# 1/3 GAHC010281832025 2026:GAU-AS:340 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2989/2025 SRI DIGANTA PEGU SON OF NABIN PEGU R/O VILL- BHOLUKAGURI AMARPUR P.S. SADIYA, DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 08.01.2026 Heard Ms. B. Thakuria, learned counsel appearing on behalf of Mr. P. Hazarika, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Sri Diganta Pegu seeking pre-arrest bail in connection with Jonai Police Station Case No. 92/2025 under Section 64(1) of the Bharatiya Nyaya Sanhita. 3. The allegations as per the FIR is that on 03.11.2025, one Manoj Dole, resident of Bhalukguri village under Sadiya Police Station lodged a Zero FIR before the Officer-in-Charge, Sadiya Police Station alleging inter-alia that his 16 years old daughter Smt. XXXX who is a student of Jonai Girl's College and presently staying in a rented house has been forcefully taken away by the accused petitioner on his motorcycle at around 3.30 PM and committed rape on her in a deserted place for whole night and again dropped her near her rented house at around 3.30 AM. It is also alleged that the accused petitioner then fled away from the place. Therefore, the informant prayed to take necessary action to punish the accused person. 4. Case Diary as called for has been produced and upon perusing the statement of the alleged victim before the Magistrate, I do not find any incriminating material indicating commission of sexual intercourse. 5. Having regard to the same, it is the view of the Court that the custodial interrogation of the petitioner may not be necessary. Accordingly, the prayer for pre-arrest bail is allowed. 6. It is provided that the petitioner abovenamed in the event of his arrest shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with one surety of the like amount to the Page No.# 3/3 satisfaction of the arresting authority, subject to the following conditions: (i) That the petitioner shall cooperate in the investigation. (ii) That the petitioner shall not try to influence the witnesses of the case. 7. The petition stands disposed of accordingly. JUDGE Comparing Assistant