Page No.# 1/4 GAHC010064412026 2026:GAU-AS:6177 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/688/2026 ABDUL HAQUE ALIAS ABDULLAH AND ANR SON OF ALI AHMED R/O VILL- ROWMARI CHAPORI P.S. SHYAMPUR DIST.DARRANG, ASSAM 2: RUSTAM ALI SON OF SURUJ JAMAL R/O VILL- SHYAMPUR NO. ARIMARI P.S. KHARUPETIA DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : B KHAKHLARY, MS. N KAR,U SWARGIARY,MR. P KR KALITA,MR R RAJKHOWA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 06-05-2026 Heard Mr. B. Khakhlary, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Abdul Haque @ Abdullah and (ii) Rustam Ali who are apprehending arrest in connection with Dalgaon P.S. Case No. 161/2025 registered under Sections 87 of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Khakhlary, learned counsel that the present petitioners are innocent and they have not committed any such offence as alleged in the FIR. The victim girl has already been recovered and hence, custodial interrogation of the petitioners may not be necessary for the purpose of investigation of the case. 5. However, both the petitioners are still ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of pre-arrest bail. 6. Mr. Sarma, learned APP submitted in this regard that the victim girl is already recovered and her statement is also recorded under Section 180 and 183 BNSS, however, she did not brought any allegation of physical/sexual assault on her, though some incriminating materials are available in the case diary. Page No.# 3/4 7. Hearing the submissions made by the learned counsel for the parties and also considering the materials available in the case diary and also considering the fact that the victim girl has already been recovered, this Court is of the opinion that custodial interrogation of the petitioners may not be required for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioners namely, (i) Abdul Haque @ Abdullah and (ii) Rustam Ali in connection with Dalgaon P.S. Case No. 161/2025 registered under Sections 87 of BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of their statements; (ii) that the petitioners 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 petitioners 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. Page No.# 4/4 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant