Page No.# 1/3 GAHC010283342025 2026:GAU-AS:1658 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/65/2026 MD SAKIL AHMED MAZUMDER SON OF HAIDER HUSSAIN MAZUMDER, RESIDENT OF 148 M, TAITESAN SECTION, NEAR MILLENIUM CENTRE, DAWRPUI JAIL VENG, AIZAWL MUNICIPAL COUNCIL, AIZWAL, MIZORAM- 796001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MR M KHAN,MR S ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 09.02.2026. Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing on behalf of the State respondent. Page No.# 2/3 This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Md. Sakil Ahmed, who is apprehending arrest in connection with the Silchar P.S. Case No. 1219/2025, registered under Section 69 of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Bhuyan, the learned counsel that the present accused petitioner is innocent and is not involved with the incident as alleged against him in the FIR. Mr. Bhuyan submitted that both the accused petitioner and the victim had love affairs and there was also physical relationship between them but those were purely consensual and when the present accused petitioner refused to marry the victim girl because of her age, the victim had lodged the present FIR with some false and concocted allegations. However, after obtaining the order of interim pre-arrest bail, he appeared before the I.O., extended his cooperation with the investigation of the case and considering the nature of investigation, his custodial interrogation may not be necessary for the purpose of investigation. However, the petitioner is still ready and willing to extend his cooperation in further investigation of the case, if he is granted with the privilege of pre-arrest bail. Mr. Sarma, the learned Additional Public Prosecutor, Assam submitted in this regard that the accused petitioner appeared before the I.O. and his statement is also recorded. But from the materials available in the case diary, specially the statement of the victim recorded under Section 183 of the BNSS, 2023, it is seen that she implicated the accused petitioner showing his involvement in the alleged offence. Mr. Sarma accordingly raised objection in granting bail to the Page No.# 3/3 present petitioner at this stage. Hearing the submissions made by learned counsel for both sides, considering the materials in the case diary and the fact that the accused petitioner had already extended his cooperation, I find that custodial interrogation may not be required for the purpose of investigation. In view of this, the order of inter pre-arrest bail granted to the accused petitioner on 19.01.2026, is hereby made absolute in the same terms and conditions. With the above observation, the present bail petition stands disposed of. JUDGE Comparing Assistant