Page No.# 1/4 GAHC010016512026 2026:GAU-AS:6450 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/256/2026 NUR ISLAM AND ANR S/O SAHADOT ALI R/O ROWA PART-II, P.S. AND DIST. DHUBRI, ASSAM 2: BASOTTI SHEIKH S/OLT. JOINUDDIN SHEIKH R/O ROWA PART-II P.S. AND DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-05-2026 Page No.# 2/4 Heard Mr. A T Sarkar, the learned counsel for the petitioners. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioners in connection with Dhubri P.S. Case No. 03/2026 u/s 331(4)/74/76/79/305(a)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Sarkar that a false and concocted allegation has been brought against the present petitioners only to harass them and the present FIR is a counter blast of an FIR lodged by the wife of the petitioner no. 1 with the allegation that the son of the informant had sexually assaulted their minor daughter, for which a case had already been registered. Further it is submitted that considering the situation and circumstances mentioned in the FIR also it is not at all a believable story wherein father-in-law and son-in-law cannot come together to commit such kind of offence. He further submitted that the custodial interrogation may not be necessary in the present case. However, petitioners had already appeared and cooperated in the investigation of this case. He further submitted that they are still ready and willing to extend their cooperation in further investigation of the case, if they are granted with the privilege of pre- arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor raised objection and submitted that there are sufficient incriminating materials against the present petitioners and that apart it is evident from the Medical Report that she became Page No.# 3/4 unconscious when the neighboring people took her to the hospital for examination and during examination there found sufficient marks of violence in her private parts and stain of suspected semen is also found available on her nighty as well as laggings which have already been sent for medical examination. However, Report is still awaited. Further, he submitted that the medical evidence fully supports the case of the prosecutrix wherein she alleged the sexual assault on her and that apart she also became unconscious wherein the petitioners took the advantage and by breaking the lock took Rs. 1 lakh which was kept in their house at that time. Mr. Sharma accordingly submitted that considering the statement made by the victim vis-à-vis the Medical Report, it may not be a fit case to extend the privilege of pre-arrest bail to the present petitioners. That apart, only the accused/petitioner Nur Islam had appeared before the I/O and his statement is found available in the Case Diary. But, the other co-accused is not available and he has not appeared before the I/O till date. 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 Diary, the statement made by the victim vis-à-vis the Medical Report wherein the mark of violence and injury was found on her private parts and also suspected semen also detected on her nighty and laggings which were sent for medical examination for FSL and considering all these aspects of this case, vis-à-vis also considering the non-cooperation of the accused/petitioner no. 2, this Court is of the opinion it may not be a fit case to extend the privilege of pre-arrest bail to the present petitioners. 7. Accordingly, the order of pre-arrest bail dated 09.02.2026 is hereby stands Page No.# 4/4 vacated and the present anticipatory bail is hereby stands rejected. In view of above, this Anticipatory Bail application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant