Page No.# 1/4 GAHC010085312026 2026:GAU-AS:7550 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/931/2026 SRI KADAM ALI AND 3 ORS S/O LATE NAKER ALI 2: SRI ABDUL SALAM S/O KADAM ALI 3: SRI MOFIDUL ISLAM S/O KADAM ALI 4: SRI SHOHIDUL ISLAM S/O KADAM ALI ALL ARE RESIDENT OF VILLAGE JALESWAR BILL SUPARIVITA P. TULSHIBARI P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN 783132 PRESENTLY RESIDED AT TUKURA MILAN BAZAR P.S. AGIA DIST. GOALPARA ASSAM PIN 783120 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 Page No.# 2/4 DIST. BARPETA ASSAM PIN 781319 ------------ Advocate for : MR. A A R KARIM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-06-2026 Heard learned counsel Mr. A.A.R. Karim for the petitioners, 1. Sri Kadam Ali, 2. Sri Abdul Salam, Sri Mofidul Islam and 4. Sri Shohidul Islam, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are 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 petitioners has submitted that the petitioners are the family members of the accused No. 1. The accused No. 1 and the victim had a love affair. It is falsely alleged that the petitioners kidnapped the victim. 4. Learned Additional Public Prosecutor and learned counsel for the Page No.# 3/4 respondent No. 2 have raised objection against the bail petition of the petitioners, stating that the they are 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 petitioners. 6. In the event of their arrests, the petitioners, namely, 1. Sri Kadam Ali, 2. Sri Abdul Salam, Sri Mofidul Islam and 4. Sri Shohidul Islam, shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation and, (ii) the petitioners shall not exercise threats to the witnesses, 7. On breach of any of the bail conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. Page No.# 4/4 9. Send back the Case Diary. JUDGE Comparing Assistant