Page No.# 1/3 GAHC010085312026 2026:GAU-AS:7550 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/906/2026 SRI NAJRUL ISLAM S/O KADAM ALI, RESIDENT OF JALESWAR BILL (SUPARIVITA), P.O. TULSHIBARI, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM PIN 783132 PRESENTLY RESIDED AT TUKURA MILAN BAZAR, P.S. AGIA, DIST. GOALPARA, ASSAM PIN 78312 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI SOBDER ALI (INFORMANT) S/O JAHIR UDDIN VILL. SOULMARI P.S. KALGACHIA DIST. BARPETA ASSAM PIN 78131 Advocate for the Petitioner : MR. A A R KARIM, MR. A DEB,MR A.K. MOLLAH,MR S RAHMAN,MD S A MONDAL Advocate for the Respondent : PP, ASSAM, MR I A HAZARIKA(R2),MR. M HUSSAIN(R2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-06-2026 Heard learned counsel Mr. A.A.R. Karim for the petitioner Najrul Islam, Page No.# 2/3 who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Kalgachia PS Case No. 10/2026 under Sections 140(3)/65(1) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard learned Additional Public Prosecutor Mr. P. Borthakur for the respondent State, who has accepted notice on behalf of the State of Assam. Learned counsel Ms. S. Dey is present for the respondent No. 2 and has also accepted notice on behalf of the respondent No. 2. 3. Learned counsel for the petitioner has submitted that the petitioner and the victim had a love affair. It is falsely alleged that the petitioner kidnapped the victim and committed forceful sexual assault on the victim. 4. Learned Additional Public Prosecutor and learned counsel for the respondent No. 2 have raised objection against the bail petition of the petitioner, stating that the petitioner is the prime accused and he is not entitled to anticipatory bail considering the gravity of the offence and considering the date of birth of the victim. According to the birth certificate of the victim, she was born in the year 2011. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Investigation has progressed to a considerable stage. The merits of the case are not brought to the fore as investigation is still under progress. It appears that anticipatory bail may be granted to the petitioner. Page No.# 3/3 6. In the event of his arrest, the petitioner, namely, Sri Najrul Islam, shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall not exercise threats to the witnesses, (iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant