Page No.# 1/3 GAHC010286302025 2026:GAU-AS:1878 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/21/2026 BABUL HUSSAIN AND 2 ORS. S/OLT. HALIMUDDIN R/O VILL- SALMARABORI P.S. DHING P.S. BECHAMARI DIST. NAGAON, ASSAM PIN-782123. 2: SEKANDA ALI @ MD. SEKANDAR ALI S/OLT. ABDUL RAHMAN R/O VILL- SALMARABORI P.S. DHING P.S. BECHAMARI DIST. NAGAON ASSAM PIN-782123. 3: ANARUL ISLAM @ ANA RUL HOQUE SON OF MD. SEKANDAR ALI R/O VILL- SALMARABORI P.S. DHING P.S. BECHAMARI DIST. NAGAON ASSAM PIN-782123 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A HUSSAIN, MR. B M CHOUDHURY,MS M BEGUM Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-02-2026 Heard Mr. B. M. Choudhury, the learned counsel for the petitioners. Also heard Ms. A. Begum, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application u/s 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail in favour of the accused/petitioners in connection with Dhing P.S. Case No. 268/2025 u/s 329(3)/329(4)/118(2)/87/3(5) of BNS. 3. Scanned copy of the Case Diary has already been received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned counsel for the petitioners that these three accused/persons are innocent and they are not connected with the alleged offence. It is a fact that one Habijul had love affair with the victim and the victim eloped with him. In the said kidnapping the present accused/petitioners have no role. However, they prayed for anticipatory bail which was rejected by the learned Sessions Judge, Nagaon and hence the case is still in the appearance stage and the petitioners could not appear before the learned Trial Court below. However, all the accused/petitioners are now ready to appear before the learned Trial Court below if they are provided with the Page No.# 3/3 privilege of pre-arrest bail. 5. Ms. A. Begum, the learned Public Prosecutor submitted in this regard that these three accused/petitioners are also involved in the alleged kidnapping and as per the statement of the victim u/s 180/183 BNS she implicated these three petitioners also wherein not only she was kidnapped but she was raped by all three petitioners including the main accused Habijul Haque. Ms. Begum accordingly submitted that it is not a fit case for extending the privilege of pre- arrest bail at this stage. 6. Hearing the submissions made by learned counsel for the petitioners, it is seen that the victim has also implicated all the present petitioners and it is seen that after rejection of their anticipatory bail they had not surrendered before the I/O and did not cooperate in investigation of this case. Thus, it is seen that in spite of having knowledge about the pendency of the case they did not cooperate in the investigation for which they were shown as an absconder in the charge-sheet. However, considering all the circumstances in this case, these three petitioners are provided with some interim protection for 15 (fifteen) days from the date of order and within this 15 (fifteen) days they will apply for regular bail before the learned Trial Court below with an appropriate application for bail which may be considered in accordance with law. Till 15 (fifteen) days from the date of order, no coercive action shall be taken against the petitioners. 7. With the above observations, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant