Page No.# 1/3 GAHC010072322026 2026:GAU-AS:6047 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/772/2026 MONOWAR HOSSAIN S/O FOKIR CHAND MIAH, VILL. DIMATOLA POYESTIRCHAR , P.O. JHARNARCHAR, P.S. FAKIRGANG, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M KHAN, MR S PRODHANI,MR H RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 04-05-2026 Heard Mr. A. M. Khan, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Monowar Hossain in connection with Fakiraganj P.S. Case No. 25/2026 registered under Sections 61(2)/329(4)/64/351(2) of BNS, 2023. 3. Case diary received. Perused the same. Page No.# 2/3 4. It is submitted by Mr. Khan, learned counsel that the petitioner is innocent and that due to some earlier family grudge, the family members of the victim had lodged the FIR with some false and concocted allegation. He further submitted that the contents of the FIR itself is absurd, because one cannot such kind of offence on instigation of his parents. 5. He further submitted that the occurrence took place on 17.02.2026 and keeping silent, she lodged the FIR only on 14.03.2026. She is a married woman and only to destroy the life of the petitioner, who is a 20/21 years old boy, the present FIR has been lodged. 6. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of this case, if he is provided with the privilege of pre-arrest bail. 7. Mr. Sarma, learned APP submitted in this regard that there are sufficient incriminating materials in the case diary against the petitioner in the statement made by the victim under Section 183 BNSS. Accordingly, he submitted that considering the materials in the case diary, it may not be a fit case to extend the privilege of pre-arrest bail to the present petitioner. . 8. Considering the submissions made by the learned counsel for the parties and also considering the materials in the case diary, I find that custodial interrogation of the present petitioner may not be required for the purpose of investigation of this case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioner. 9. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Monowar Hossain in connection with Fakiraganj P.S. Case No. 25/2026 registered under Sections 61(2)/329(4)/64/351(2) of Page No.# 3/3 BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement; (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, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant