Page No.# 1/2 GAHC010091022025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1005/2025 SAILEN TALUKDAR S/O LATE LANKESWAR TALUKDAR VILL-NO. 2 JIYAKUR P.S.CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BABITA DEKA W/O BRAJEN DEKA VILL-BIHDIYA P.S. CHHAYAON DIST. KAMRUP ASSA Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MR L KALITA (R-2),MR L KALITA (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.06.2025 Heard Mr. F Haque, learned counsel appearing for the petitioner. Also heard Mr. K K Parasar, Page No.# 2/2 learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. L Kalita, the learned counsel appearing for the respondent No. 2. 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioners have prayed for grant of pre-arrest bail in respect of Chhaygaon P.S. Case No. 69/2025. 3. The petitioner is a teacher by profession. The victim girl used to teach students in the coaching centre at Nuwapara. On the day of occurrence, there was no student in the coaching centre and the victim girl was alone. Taking advantage of the absence of students, the petitioner allegedly tried to insert his private part into the mouth of the victim girl. The petitioner did not commit rape on the victim girl but he tried to do so. 4. The victim girl was born on 25.01.2025. Therefore, on the day of occurrence she was above 18 years of age. 5. Be that as it may be, in the statement of the victim girl she has clearly implicated the petitioner. Moreover, there is another witness, who claimed that at the time of the occurrence the victim and the petitioner were only there inside the room of the coaching centre. 6. Considering the aforesaid facts, this Court is of the opinion that under the given circumstances, the petitioner Sailen Talukdar does not deserve to be given the privilege of pre- arrest bail. 7. Therefore, the bail application of the petitioner is dismissed and disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant