Page No.# 1/2 GAHC010059712026 2026:GAU-AS:7259 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/703/2026 SRI JONGSHER ALI S/O LATE IMAN ALI, RESIDENT OF KALGACHIA, P.S. KALGACHIA, DIST. BARPETA, ASSAM, PIN 781319 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26-05-2026 Heard Mr. AAR Karim, the learned counsel for the petitioner. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, Page No.# 2/2 namely, Sri Jongsher Ali in connection with Kalgachia P.S. Case No. 25/2026 under Sections 69 of BNS, 2023 corresponding GR No. 232/2026 at Kalgachia, Dist. Barpeta, Assam. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Karim that the accused/petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that there was some relationship, which was purely consensual one. He never made any false promise of marriage as she is also a married lady and the accused/petitioner is also a married man with wife and children. However, after obtaining the interim pre-arrest bail he appeared before the I/O and cooperated in the investigation and his statement is also recorded. Mr. Karim accordingly submitted that his interim pre-arrest bail may be made absolute. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient materials against the present petitioner which reveals from the statement made by the victim u/s 183 BNSS. 6. Considering the materials in the Case Diary and the conduct of the present accused/petitioner and other relevant aspects, this Court of of the opinion that custodial interrogation may not be required for the purpose of investigation and accordingly I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner. 7. Hence, the order of interim bail dated 02.04.2026 is hereby made absolute under the same terms and conditions. JUDGE Comparing Assistant