Page No.# 1/3 GAHC010132132026 2026:GAU-AS:9796 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1459/2026 HAJARAT ALI ALIAS FOKIR ALI AND 2 ORS S/O BASER ALI 2: JOKIR ALI S/O BASER ALI 3: SOMIR ALI S/O BASER ALI ALL ARE RESIDENT OF VILLASHUDUBI PO PS KRISHNAI DIST GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM. Advocate for the Petitioner : MR. A M KHAN, R. ALI,MS. R S BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-07-2026 Heard Mr. A M Khan, the learned counsel appearing for the Page No.# 2/3 accused/applicants. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused/applicants in connection with Krishnai P.S. Case No. 33/2026 u/s 137/127(4)/69/64/308(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. An FIR was lodged on 05.05.2026 by the informant alleging that the accused/persons taking the advantage of her husband being in jail confined her in a room of one of the accused/persons and thereafter physically assaulted her and committed rape on her. After received of the FIR, the police registered Krishnai P.S. Case No. 33/2026 u/s 137/127(4)/69/64/308(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 4. The learned counsel appearing for the accused/applicants submits that the three accused/applicants in the instant case are not involved in commission of any rape on the informant. In fact, the three accused/applicants are brothers of the accused no. 1, namely, Surman Ali and the informant wanted to get married to the accused no. 1 named in the F.I.R. Since her wishes were not accepted by the accused no. 1, i.e. Surman Ali, the informant has falsely filed the F.I.R. Therefore, he submits that the allegations are totally false and the accused/applicants should be granted the privilege of the pre-arrest bail. 5. Mr. B Sharma, the learned Additional Public Prosecutor, on the other hand, opposes the prayer of pre-arrest bail of the accused/applicants submitting that there are sufficient incriminating materials against the accused/applicants of their involvement in the instant case. Page No.# 3/3 6. Case Diary in the instant case has been received and the same is perused by this Court. 7. After hearing the counsel appearing for the respective parties and taking into account the materials, including the medical report available in the Case Diary, this Court is not inclined to grant any relief to the accused/applicants at this stage. 8. In view of the aforesaid, the instant AB application is disposed of as dismissed. Case Diary be returned. JUDGE Comparing Assistant