Page No.# 1/4 GAHC010082102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/946/2025 SOLEMAN ALI S/O-IMAN ALI, R/O-HUDUMKHATA-II, BHODEAGURI, P. S. -GOSSAIGAON, DISTRICT- KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:APIJUL ALI S/O- LATE ABBAS ALI R/O- VILL- ANTHAIBARI P.S- GOSSAIGAON DIST.- KOKRAJHAR ASSA Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, U U KHAN, (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.05.2025 1. Heard Mr. I. Hussain, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent as well as Mr. U. Khan, the learned counsel for the respondent No. 2. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Soleman Ali, who is apprehending his arrest in connection with Gossaigaon P. S. Case No. 184/2024 under Section 64 of BNSS, 2023 read with Section 6 of the POCSO Act, 2012. 3. The gist of the accusation in this case is that on 12.11.2024, the brother of the victim girl had lodged an FIR before the Officer-in-Charge of Gossaigaon Police Station, inter-alia, alleging that the petitioner had committed the rape of his minor sister near the bamboo bush at the backside of their house. 4. The learned counsel for the petitioner has submitted that the allegations levelled in the FIR are not true. He submits that the petitioner is a young boy of 20 years of age and he was having relationship with the victim girl and there was some dispute between the family members of both the families over such relationship and, therefore, a false FIR has been lodged against him. 5. The learned counsel for the petitioner also submits that the petitioner is ready to cooperate in the investigation. 6. On the other hand, the learned Additional Public Prosecutor has vehemently opposed the grant of anticipatory bail to the petitioner. 7. She has produced the case diary of Gossaigaon P. S. Case No. Page No.# 3/4 184/2024 and has submitted that the victim girl in her statement recorded under Section 183 of BNS, 2023 has stated that the victim is a student of Class 3 and she was subjected to rape by the petitioner. 8. The learned Additional Public Prosecutor has also submitted that the birth certificate, which is available in the case record shows that the year of birth of the victim girl is 2012 and the alleged offence was committed on 11.11.2024, thus, apparently the victim girl is a minor. 9. On the other hand, the learned counsel for the informant has submitted that the petitioner has suppressed the material fact before this Court in as much as he has suppressed the fact that on an earlier occasion, the petitioner had moved an anticipated bail application, which was rejected by this Court, i.e., AB Case No. 62/2025, which was rejected on 25.02.2025. 10. On this Mr. I. Hussain, the learned counsel for the petitioner has submitted that he has not been informed by the petitioner regarding rejection of earlier bail application and, therefore, the same has not been stated in the affidavit supporting the present bail application. 11. I have considered the submissions made by the learned counsel for both the sides. 12. It appears that this Court had on 25.02.2025 had rejected the anticipatory bail application in AB Case No. 62/2025 after perusal of the case diary and no new ground has been stated in the instant anticipatory bail application. 13. Moreover, because of the suppression of the fact of pendency of the rejection of earlier anticipatory bail application, this anticipatory bail application is otherwise also liable to be dismissed. Page No.# 4/4 14. Accordingly, this anticipatory bail application, is dismissed. 15. Send back the case diary. JUDGE Comparing Assistant