Page No.# 1/4 GAHC010006662026 2026:GAU-AS:1819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/117/2026 JAMAL UDDIN ALIAS TOFOJUL HUSSAIN SON OF LATE TORMUS ALI R/O VILL- ERALIGOOL, P.O. ERALIGOOL, P.O. ERALIGOOL, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K AZAD,MR. N HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 10-02-2026 Heard Mr. K.K. Azad, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Jamal Uddin @ Tofojul Hussain in connection with Patharkandi P.S. Case No. 260/2025 under Sections 329(4)/324(4)/64 of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Azad, the learned counsel for the petitioner that from the statement made in the FIR itself it is seen that a false and concocted case is lodged against the present petitioner. She remained silent when the accused/petitioner had broken the window of the house, entered into the house and further she remained also silent while raped and then only she screamed and then the other family members and local persons arrived. He further submitted that the actual fact that the husband of the present informant took a loan of Rs. 35,000/- from the accused/petitioner and when he demanded back his money there was a quarrel and only for that reason the present FIR has been lodged with some false and concocted allegation. However, he is ready and willing to cooperate in the investigation of the case, if he is granted with the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the available materials in the Case Diary, especially the statement made by victim u/s 183 BNSS it is seen that the accused/petitioner could be identified and he is the person who committed rape on her on the night of the incident. Accordingly, he raised objection and submitted that it may not be a case for anticipatory bail. Page No.# 3/4 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and considering the materials in the case record, I find that custodial interrogation may not be necessary for the interest of investigation and hence I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner and accordingly the prayer is allowed. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Jamal Uddin @ Tofojul Hussain in connection with Patharkandi P.S. Case No. 260/2025 under Sections 329(4)/324(4)/64 of BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand)only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 8. The anticipatory bail application stands disposed of. Page No.# 4/4 9. Send back the Case Diary. JUDGE Comparing Assistant