Page No.# 1/2 GAHC010087722026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/934/2026 NAJRUL ISLAM S/O LATE HASEN ALI RESIDENT OF VILL- BAGARITALA, P.O. MIKIRBHETA, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A M AHMED,MR. SAYED SALIM AHMED,B DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 Heard Mr. A M Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023 the petitioner Najrul Islam has prayed for pre-arrest bail in connection with Mikirbheta P.S. Case No. 28/2026. A 40 (forty) years old woman has alleged that on the day of occurrence the petitioner had forcibly entered in her house and committed rape upon her. Page No.# 2/2 In her statement recorded under Section 183 of the BNSS, 2023 supports her contention. I have gone through the statements of the other witnesses also examined by the Police. Mr. Ahmed has submitted that because of the land dispute with the husband of the victim woman and the present petitioner, she has alleged this false allegation against the present petitioner. The statements of the witnesses have revealed that because of the alleged offence, the husband of the informant has driven her out of the house. I have considered the submissions made by the learned counsel for both the sides. This Court is of the opinion that whether there was actually rape or not on the informant that fact can be ascertained only in the custodial interrogation of the petitioner. Therefore, the prayer for pre-arrest bail of the petitioner is found to be without any grounds. Hence, the application for pre-arrest bail is rejected. The present bail application is dismissed and disposed of accordingly. JUDGE Comparing Assistant