Page No.# 1/4 GAHC010093562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/891/2026 ASMINA KHATUN AND 4 ORS D/O ASAR ALI W/O NASIR UDDIN VILL. BHURAAON P.O. AND P.S. BHURAGAON DIST. MORIGAON ASSAM PIN 782121 2: MAINA KHATUN D/O ISAHAQ ALI W/O HORMUS ALI VILL. PABHAKATI P.O. BURGAON P.S. MAYONG DIST. MORIGAON ASSAM PIN 782411 3: HORMUS ALI S/O MALEK VILL. KARIURI KHANDAKHAITI DIST. MORIGAON ASSAM PIN 782121 4: KALIM UDDIN S/O MAHIJUL VILL. GARUBANDHA P.O. AND P.S. MAYONG DIST. MORIGAON ASSAM PIN 782411 Page No.# 2/4 5: NASIR UDDIN S/O ABDUL JALIL VILL. KUBETARI P.O. BORALIMARI P.S. BHURAGAON DIST. MORIGAON ASSAM PIN 782121 ALL ARE PRESENTLY RESIDING AT VILL. KADAMTOLI P.O. TOPATOLI P.S. KHETRI DIST. KAMRUP M ASSAM PIN 782403 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM. 2:MALEK S/O ABDUL KHALEK R/O VILL. TOPATOLI KADAMTOLI P.O. TOPATOLI P.S. KHETRI DIST. KAMRUP M ASSAM PIN 782403 ------------ Advocate for : MR A A DEWAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.05.2026 1. Heard learned Counsel Mr.A.A. Dewan for the petitioners Maina Khatun, Hormus Ali, Kalim Uddin and Nasir Uddin who have filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Khetri PS Case No. 31/2026 ( GR No.1372/2026) Page No.# 3/4 under Sections 142/65(1)/49 of the BNS,2023 r/w Section 6/17 of the POCSO Act. 2. The FIR unfolds that Maina Khatun and Asmina Khatun induced the victim minor victim ‘X’ to go with them and thereafter the victim was confined in Manjirul's house who sexually assaulted the victim. 3. The learned Addl.Public Prosecutor Mr.R.J.Baruah is present for the State respondent and has raised serious objection stating that there are incriminating materials against the petitioners. 4. Learned Counsel Mr. A. Alam and learned counsel Mr. B. Islam appearing for the respondent No.2 respectively submits that they have serious objection stating that the victim was kidnapped and she was assaulted by the other accused and kept confined and they facilitated Manjirul Islam to commit sexual assault on the victim. 5. I have scrutinized the case diary. The merits of this case are not brought to the fore as the investigation is still under progress. It appears that custodial interrogation of the accused Hormus Ali, Kalim Uddin and Nasir Uddin are not required and thereby the interim bail granted to Hormus Ali and Nasir Uddin vide order dated 07.05.2026 is hereby made absolute under the same terms and conditions. 6. The accused Kalim Uddin is granted anticipatory bail. 7. In the event of arrest of the petitioner Kalim Uddin, the arresting authority shall enlarge the petitioner Kalim Uddin on bail on furnishing bail bond of Rs.20,000/- with a suitable surety of like amount to the satisfaction of the Page No.# 4/4 arresting authority. 8. The prayer for anticipatory bail of Maina Khatun is rejected at this stage of investigation. 9. In terms of the above, the anticipatory bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant