Page No.# 1/3 GAHC010060972026 2026:GAU-AS:6863 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/785/2026 SAMAD ALI S/O LATE SURUT ALI, R/O VILL. JHAPUSHABARI, PART I, P.S. AGOMAN, DIST. DHUBRI, ASSAM, PIN 783301 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A A R KARIM, MS. R BEGOM,MR H R A CHOUDHURY,MD S A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18-05-2026 Heard learned Senior Counsel Mr. H.R.A. Choudhury assisted by learned counsel Mr. A.A.R. Karim for the petitioner Samad Ali, who has filed this application filed under Section 482 BNSS, 2023 with prayer for pre-arrest bail in connection with Agomoni P.S. Case No. 13/2025, u/s 85/75/76/64/62/3(5) of Page No.# 2/3 BNS, 2023, corresponding to GR No. 151/2025 at Dhubri, Assam. 2. Also heard learned Additional Public Prosecutor Mr. K.K. Parashar for the respondent State. 3. I have scrutinized the scanned copies of the Trial Court Records along with the scanned copies of the Case Diary. 4. The allegation against the petitioner is that the petitioner being the father- in-law of the victim, committed sexual assault on the victim ‘X’. 5. It is submitted that the petitioner is 62 (Sixty Two) years old and as charge sheet has been submitted, his custody is not required. The petitioner is willing to cooperate with the trial. It is submitted that being 62 (Sixty Two) years old, the petitioner will suffer immensely if he is forwarded to custody at this stage. It is further submitted that the victim on the other was caught red handed in indulging in extra marital affair and thus, a false case has been brough up against the petitioner. 6. I have considered the submissions at the bar with circumspection. 7. It appears that the petitioner is willing to cooperate with the trial. He is shown as an absconder in the charge sheet. A pragmatic view is taken. As the petitioner is willing to cooperate with the trial, the petitioner is directed to appear before the Eleka Magistrate/Jurisdictional Court and apply for bail, which may be considered by the Court in accordance with law. 8. In terms of the above observation, this application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant