Sanaraul Islam vs The State Of Assam on 26 August, 2025

Gauhati High Court

Sanaraul Islam vs The State Of Assam on 26 August, 2025

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GAHC010186372025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB/2033/2025

            SANARAUL ISLAM
            S/O ABU B AKKER SK. @ BOKKAR ALI
            R/O VILL HARIPUR,P.S. PHULBARI, DIST. WEST GARO HILLS,
            MEGHALAYA, PIN-794104.



            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM



Advocate for the Petitioner   : MR. RASHIDUL ISLAM, MR A K DAS

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                            ORDER

26.08.2025
Heard Mr. R. Islam, learned counsel for the petitioner and Ms. S. H. Bora,

learned Addl. P.P., Assam for the State.

By this application filed under Section 482 of the BNSS, 2023 the

petitioner, viz., Sanarul Islam has prayed for pre-arrest bail in connection with
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PRC Case No.20/2019 corresponding to South Salmara P.S. Case No.82/2017

registered under Sections 6420/376 of the IPC.

Call for the scanned copy of the TCR fixing 18.09.2025.

Heard on the prayer for interim relief.

The F.I.R. dated 30.03.2017 lodged by the victim herself reveals that the

petitioners had promised to marry her and that one day he came and told her

that he would marry her on the said day and on good faith the victim made him

stay in her house and further that on that night he committed sexual

intercourse with her and left to his house and as such the victim stated that the

petitioner had cheated her.

Mr. R. Islam, learned counsel for the petitioner submits that the offence of

420 IPC as well as 376 IPC are not attracted in the instant case.

Ms. S. H. Bora, learned Addl. P.P., however, submits that even if the offence

of Section 420 IPC is not attracted, the offence of Section 376 IPC is meted out

in the instant case and as such, she prays for calling of the records.

It is reflected in the said F.I.R. that the relationship between the petitioner

and the victim was going on for last one and half years and that the petitioner

had promised to marry the victim. The victim had also stated in the F.I.R. that

the petitioner had committed sexual intercourse with her many times during the

said relationship.

In view of the said facts, this Court deems it a fit case to release the

petitioner on interim pre-arrest bail on furnishing a bail bond of Rs.10,000/-

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with one local surety to the satisfaction of the learned Additional Chief Judicial

Magistrate, South Salmara, Mankachar under the following conditions :-

(1) That the petitioner is directed to appear on 10.09.2025 before the

learned Additional Chief Judicial Magistrate, South Salmara,

Mankachar without fail and shall cooperate with the trial of the

case as and when called for.

(2) That the petitioner shall not tamper with the evidence and shall not

influence the witnesses connected with the case.

(3) That the petitioner shall not leave jurisdiction of the learned

Additional Chief Judicial Magistrate, South Salmara, Mankachar

without the leave of the said Court.

List the matter on 18.09.2025 for TCR.

JUDGE

Comparing Assistant