Page No.# 1/3 GAHC010027852026 2026:GAU-AS:2284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/324/2026 HARJAT ALI ALIAS JAHIDUL ISLAM AND ANR S/O AJIT ALI, R/O VILL SIMALUGURI, PS NAGAON, DIST NAGAON, ASSAM 2: ABDUL AJIT S/O LATE ICHAB ALI ALIAS ISHAB ALI R/O VILL SIMALUGURI PS NAGAON DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MS SURAYA RAHMAN,R MALI,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-02-2026 Heard Mr. S. Nawaz, learned counsel appearing for the accused applicants and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicant, namely, Harjat Ali @ Jahidul Islam and Ajit Ali @ Abdul Ajit, in connection with Nagaon P.S. Case No. 895/2024 registered under Sections 137(2)/64/62 of the BNS, 2023. 3. An FIR was lodged on 11.09.2024 before the Haibargaon Police Station by one Tanjuara Begum alleging that while her daughter was returning home from school, the accused applicants grabbed her hand, dragged her into a house and attempted to sexually abuse her. It was alleged that when the girl raised alarm, her aunt came to intervened and rescued her. It was alleged that the accused applicants physically assaulted the girls aunt and thereafter, threatened to kill the girl if the family of the girl reported the incident to the police, as a result, the informant’s daughter stopped attending school out of fear. 4. On receipt of the FIR, the police registered the Nagaon P.S. Case No. 895/2024 under the aforementioned sections. 5. Learned counsel for the accused applicant submits that the FIR was lodged way back on 11.09.2024 and no action was taken by the investigating authority until recently. He further submits that the girl’s family has already shifted to Kerala and that there has been no progress on the part of the investigating authority for almost one and a half years in searching for the accused applicants. He therefore submits that the accused applicants should not be arrested and that they be granted anticipatory bail at this stage. 6. On the other hand, Mr. Parasar, learned Additional Public Prosecutor for the State, opposes the bail application and submits that the prayer for bail should be considered only after perusal of the Case Diary. 7. I have considered the submissions made by the learned counsel for the Page No.# 3/3 respective parties and carefully perused the materials available on record. 8. After considering the matter at it’s entirety, this Court is of the opinion that the accused applicants should be granted the privilege of pre-arrest bail. Accordingly, it is directed that, in the event of the arrest of the accused applicants by the arresting authority, they shall be released on bail upon furnishing bail bonds of Rs. 20,000 (Rupees Twenty Thousand) each, with surety of like amount, to the satisfaction of the arresting authority, in connection with Nagaon P.S. Case No. 895/2024, subject to the following conditions: i. that the accused applicants shall appear before the investigating officer within 10 (ten) days from today; ii. that the accused applicants shall cooperate with the investigation and make themselves available before the investigating authority as and when call for; iii. that the accused applicants shall not directly or indirectly try to hamper or tamper with the investigation in the instant case; 9. In view of the above directions, the pre-arrest bail application stands disposed of as allowed. JUDGE Comparing Assistant