Page No.# 1/3 GAHC010017962026 2026:GAU-AS:3828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/263/2026 SAHAJAHAN ALI MONDAL S/O LATE TOMSER ALI MONDAL RESIDENT OF VILL- PASCHIM GAIKHOWA PT.II, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-03-2026 Heard Mr. A.T. Sarkar, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Golakganj P.S. Case No. 315/2025 u/s 64(2)(k) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Sarkar that the present accused/petitioner is innocent and he is no way involved in the alleged offence. From the FIR itself it is seen that she was a mentally retarded girl and the entire incident took place at about 11 AM in the house of the present accused/petitioner which is practically not possible for a man to commit such kind of offence in presence of his other family members. The concocted FIR has been lodged only due to personal grudge. He further submitted that the accused/petitioner is a married man and having children and he is always ready and willing to extend his cooperation in further investigation of this case, if he is granted with the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor raised objection and submitted that from the statements made by the witnesses as well as the complainant, recorded u/s 180 & 183 BNSS, it is seen that there are sufficient incriminating materials brought against the present petitioner who committed rape on a mentally retarded girl who could not understand what is happening with her. From the medical report also it is seen that there found rapture of the hymen though the final report is still awaited from the FSL. Mr. Sharma accordingly raised objection and submitted that custodial interrogation may be required in this place and hence it may not be a fit case to extend the privilege of pre-arrest bail to the petitioner. Page No.# 3/3 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary. It is seen that there are sufficient incriminating materials against the present accused/petitioner who alleged to have committed rape on a mentally retarded girl and from her statement made before the learned Magistrate as well as before police also found to be consistent wherein she somehow expressed as to what has happened with her and by whom it has caused. Considering all these aspects of the case and also considering the fact that allegation of rape is brought against the accused/petitioner by a girl who is not mentally sound. Considering all these aspects of the case, it is not found a fit case to extend the privilege of pre-arrest bail to the present petitioner at this stage and hence stands rejected. In view of above, this Anticipatory Bail application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant