Page No.# 1/4 GAHC010105022026 2026:GAU-AS:7835 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1130/2026 JEHIRUL ISLAM @ JEHERUL ALI S/O GULJAR ALI,R/O THENGSHAILBORI,P.S. MIKIRBHETA,DISTRICT MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM. 2:SAIDUL HOQUE @ SAHIDUL HOQUE S/OLATE KERAGURI JANPAR P.S. MIKIRBHETA DIST. MORIGAON ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MR. M MONDAL Advocate for the Respondent : PP, ASSAM, MR. A S CHOUDHURY(R2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2026 Heard Mr. S.M. Mollah, learned counsel for the petitioner and learned counsel, Mr. A.S. Choudhury is present for the respondent no.2. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Jehirul Islam @ Jeherul Ali, has filed this application under Section 482 BNSS, 2023, with prayer for pre-arrest bail as he is apprehending arrest in connection with Mikirbheta P.S. Case No. 11/2026 registered under Sections 87 of BNS, 2023, added Section 64 of the BNS and Section 4 of the Protection of Child from Sexual Offences Act, 2012. 3. The learned Additional Public Prosecutor has raised serious objection stating that the victim is a minor aged only 16 years and 7 months at the time of the incident and her consent is no consent at all. 4. It is also submitted that there are incriminating materials in the case diary against the petitioner and considering the gravity of offence, the petitioner is not entitled to anticipatory bail. 5. I have also scrutinized the case diary. 6. An affidavit has been executed by the informant stating that the Page No.# 3/4 dispute with the petitioner has been resolved, as there was a misunderstanding between the parties. 7. The learned counsel for the respondent no.2 has also no objection, if the petitioner is enlarged on bail. 8. It appears that the anticipatory bail may be granted to the petitioner. 9. I have considered the submission that the petitioner is a local resident and he is willing to cooperate with the investigation. 10. Meanwhile, in the event of his arrest, the above-named petitioner shall be enlarged on pre-arrest bail of Rs. 50,000/-(Rupees Fifty Thousand) only with one surety of the like amount subject to the satisfaction of the Arresting Authority with following conditions: i) the petitioner shall appear before the I.O within 10(ten) days and cooperate with the investigation, ii) the petitioner shall refrain from such activities with which he is alleged; iii) the petitioner shall not exercise threats to the witnesses or try to tamper with the evidence 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Send back the case diary. Page No.# 4/4 13. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant