Page No.# 1/3 GAHC010097302026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1041/2026 RAKIBUL ISLAM AND ANR S/O AZAHAR ALI R/O VILL- BALARCHAR P.O. KIRTANPARA, P.S. ABHAYPURI, DIST. BONGAIGAON, ASSAM, PIN-783384. 2: MOSTAFIZUR RAHMAN SON OF ABDUL KASHEM SK. VILL- GOTABARI P.O. HAZIRHAT P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 78312 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A S AKAND, AKBOR MOZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15 .0 6 . 2026 Heard Mr. A.S. Akand, learned counsel for the petitioners and Mr. B. Page No.# 2/3 Sarma, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking pre-arrest bail by the petitioners namely, (1) Rakibul Islam and (2) Mostafizur Rahman apprehending arrest in connection with All Women P.S. Case No. 16/2026 under Sections 69/ 74/ 89 of BNS, 2023. 3. The gist of accusation against the petitioners is that the informant is nurse by profession and upon promise of marriage, she established physical relationship with the petitioner No. 1 resulting pregnancy, which was aborted at the instance of the accused/ petitioner No. 1. Subsequently, the petitioner No. 1 denied continuing relationship with the informant and the accused No. 2 misbehaved the informant while altercation took between the petitioner No. 1 and the informant. 4. The case diary as called for has been produced which has been perused. 5. Having regard to the nature of the relationship which is consensual in nature between the two mature adult persons, the custodial interrogation of the petitioners is not considered necessary. The prayer for pre-arrest bail is allowed. 6. Having regard to the above, it is directed that the petitioners above named shall be released on bail in the event of their arrest in connection with the aforementioned case on furnishing a bond of Rs. 50,000/- (Rupees fifteen thousand) only each with 1 (one) surety of each of the like amount to the satisfaction of the arresting authority. 7. It is further provided that the petitioners shall cooperate with the investigation and they shall not influence the informant or any persons/witnesses acquainted with the facts of this case, in any manner. Page No.# 3/3 8. In terms of the above directions, this bail application stands disposed of. 9. Send back the case diary. JUDGE Comparing Assistant