Page No.# 1/3 GAHC010079192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/891/2025 SADIKUL ISLAM AND 2 ORS. S/O ABDUL SALAM R/O UTTAR KALADUBA, P.S. JURIA, DIST. NAGAON, ASSAM 2: SULTAN BADSHA S/O ABDUL SALAM R/O UTTAR KALADUBA P.S. JURIA DIST. NAGAON ASSAM 3: SAIFUL ISLAM S/O ABDUL SALAM R/O UTTAR KALADUBA P.S.JURIA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RASIDA KHATUN W/O ABDUL KADUR JILANI R/O JENGANI P.S. DHING DIST. NAGAON ASSA Page No.# 2/3 Advocate for the Petitioner : MR. S MUNIR, MR. KHAIRUL ISLAM,MR. N HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.05.2025 Heard Mr. K Islam, learned counsel for the petitioners and Mr. K K Parasahar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending their arrest, the petitioners, namely, (i) Sadikul Islam, (ii) Sultan Badsha and (iii) Saiful Islam, all sons of Abdul Salam, residents of Village-Uttar Kaladuba, P.S.-Juria, District-Nagaon have filed this application under Section 482 BNSS, 2023 on 09.04.2025 seeking pre-arrest bail in Juria Police Station Case No. 08/2025 registered under Sections 65(1)/351(2)/127(2)/3(5) of BNS, 2023 read with Section 8 of the POCSO Act. 3. Mr. K Islam, learned counsel for the petitioner, on instruction, has submitted that during pendency of this pre-arrest bail application, the petitioner No. 1, Sadikul Islam has already been arrested in said Juria P.S. Case No. 08/2025. As such, this pre-arrest bail application has become infructuous with regard to the petitioner No.1. 4. Perused the FIR of the case dated 10.01.2025. 5. Said Juria P.S. Case No. 08/2025 has been registered under Sections 65(1)/351(2)/127(2)/3(5) of BNS, 2023 read with Section 8 of the POCSO Act. Page No.# 3/3 6. Section 482(4) of the BNSS, 2023 stipulates that – Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. 7. In view of the above, as said Juria P.S. Case No. 08/2025 contains Section 65(1) of BNS, 2023, this pre-arrest bail application of the petitioners, being not maintainable under the law, stands dismissed. JUDGE Comparing Assistant