GAHC010085352025

2025:GAU-AS:5956 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/945/2025 ANISUR ISLAM @ ANISUR RAHMAN S/O- ABDUL KADER JELANI @ JELANI, VILL- ROUWA PART-III, (NOUDAPARA), P.O- MADHUSOULMARI, DIST.- DHUBRI, ASSAM, PIN- 783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M HOSSAIN, S KHAN,MD A WADUD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

ORDER

Date : 14.05.2025 Heard Mr. M. Hossain, learned counsel for the petitioner. Also heard Ms. N.

Das, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Gauripur P.S. Case No. 132/2025, under Section 140(3)/3(5) of BNS.

Case Diary has been received and I have perused the same.

It is submitted by Mr. Hossain, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. It is a fact that there was a proposal of marriage between the present petitioner and the victim, but as the victim had not attained her majority, they postpone the marriage proposal. However, in the meantime, the victim eloped with another boy and was subsequently recovered by her parents and thus, only to compel the petitioner to marry the victim, the present F.I.R. has been lodged by the informant with some false and concocted allegations. However, the petitioner is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of pre-arrest bail.

Ms. Das, learned Additional Public Prosecutor, submitted in this regard that as per the statement of the victim, she had love affairs with the present accused/petitioner and she also eloped with him and stayed with him in his sister’s house. However, she did not brought any allegation of physical relationship between them. Accordingly, Ms. Das submitted that the prayer for anticipatory bail may not be considered at this stage as there is implication against the present petitioner.

Considering the submissions made by the learned counsels for both sides and also considering the materials available on record, I find that custodial interrogation of the present accused/petitioner may not be required for the interest of investigation and therefore I find it a fit case to extend the privilege of pre-arrest bail to the present accused/petitioner.

Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Anisur Islam @ Anisur Rahman, in connection with Gauripur P.S. Case No. 132/2025, under Section 140(3)/3(5) of BNS, he shall be enlarged on pre-arrest bail on her executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S.

Case; and (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

The anticipatory bail application stands disposed of in terms above.

JUDGE Comparing Assistant