Page No.# 1/4 GAHC010026982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : AB/521/2026 SHAHJAL ISLAM ALIAS SOHIJUL HOQUE AND ANR S/O KACHUMUDDIN SHKH R/O VILL- BISHDOBA P.S. PANBARI DIST. CHIRANG ASSAM PIN-783391. 2: ABIDUR RAHMAN S/O SUKUR ALI R/O VILL- BISHDOBA P.S. PANBARI DIST. CHIRANG ASSAM PIN-783391. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:MANJUWARA BEGUM W/O AFSAR ALI SHEIKH VILL- KHUDNABARI P.S. SORBHOG DIST. BARPETA ASSAM ------------ Advocate for : MR. A Z AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 15.05.2026 1. Heard learned counsel Mr. A. Z. Ahmed for the petitioners namely, (i) Shahjal Islam@ Sohijul Hoque and (ii) Abidur Rahman who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Sorbhog Police Station Case No. 98/2024 under Sections 366(a)/34 of the IPC R/W Section 6 of the POCSO Act. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State and learned Amicus Curiae Ms. M. K. Brown for the respondent No. 2. 3. Serious objections have been raised from the respondent's side stating that the petitioners do not deserve anticipatory bail considering their conduct. There are incriminating materials in the Case Diary against both the petitioners and their prayer for anticipatory bail is liable to be rejected. 4. Learned counsel for the petitioners has submitted that the FIR was lodged on 19.07.2024 relating to an incident of 30.04.2024. After 3 months, the FIR was lodged and this inexplicable delay in the lodgment of the FIR itself entitles both the petitioners to anticipatory bail. 5. It is also submitted that the FIR reveals that the delay was because both the parties were waiting for an amicable settlement. It is submitted that both the petitioner and the victim had a love affair and this is the reason why there was a delay in the lodgment of the FIR as they were contemplating an amicable Page No.# 3/4 settlement. 6. I have considered the submissions at the Bar with circumspection. 7. I have scrutinized the Case Diary. 8. At this juncture, I am not inclined to grant anticipatory bail to the petitioner No. 1. 9. Prayer for anticipatory bail of petitioner No. 1, Shahjal Islam@ Sohijul Hoque stands rejected at this stage. 10. On the other hand, anticipatory bail prayer of petitioner No. 2, Abidur Rahman is allowed. 11. In the event of his arrest, the petitioner No. 2, Abidur Rahman shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioner shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation, (ii) The petitioner shall not exercise threats to the witnesses, (iii) The petitioner shall refrain from such activities with which he is alleged, and (iv) The petitioner shall not leave the jurisdiction of the court without prior permission. 12. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 13. In terms of the above observation, this application stands disposed of. Page No.# 4/4 14. Send back the Case Diary. JUDGE Comparing Assistant