Page No.# 1/3 GAHC010109852025 2025:GAU-AS:6656 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1154/2025 MAFIJUL ISLAM @ MD MAHIDUL ISLAM S/O CHAJADUL RAHMAN R/O KARCHOW BARI P.O. JHARGAON, P.S. JAGIROAD, DIST. MORIGAON, ASSAM PIN-782410 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MD ABUL KASEM MD. ABUL KASEM S/O LATE NURUL HOQUE VILL- HARIAPAR P.O. JHARGAON P.S. JAGIROAD DIST. MORIGAON ASSAM PIN-78241 Advocate for the Petitioner : MS. B LASKAR, I HOQUE,MR. J ABBAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26-05-2025 Heard Mr. J. Abbas, learned counsel for the petitioner and Ms. N. Das, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Mafijul Islam @ Md. Mahidul Islam, son of Chajadul Rahman, resident of Village-Karchowa Bari, P.O.-Jhargaon, Police Station-Jagiroad, District-Morigaon, Assam has filed this application on 23.05.2025 under Section 482 BNSS, 2023 seeking pre-arrest bail in Jagiroad P.S. Case No. 107/2025 registered under Sections 65(1)/351(3)/3(5) BNS, 2023, read with Section 6 of the POCSO Act corresponding to G.R. No.581/2025. 3. It is submitted by the petitioner that the main accused of the case, namely, Md. Khushidul Islam was already arrested and produced before the Court of learned CJM, Morigaon on 11.05.2025 and he is no way connected with the case. 4. The petitioner herein is an FIR named accused in said Jagiroad P.S. Case No. 107/2025 and by this application, he has prayed for his pre-arrest bail in said Jagiroga P.S. Case. 5. Section 482 of the BNSS, 2023 relates to “Direction for grant of bail to person apprehending arrest”. 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. Considering the provisions of Section 482(4) BNSS, 2023, this pre-arrest bail application of the petitioner, Mafijul Islam @ Md. Mahidul Islam, son of Chajadul Page No.# 3/3 Rahman in said Jagiroad P.S. Case No. 107/2025 registered under Sections 65(1)/351(3)/3(5) BNS, 2023, read with Section 6 of the POCSO Act corresponding to G.R. No.581/2025, being not maintainable, stands dismissed. JUDGE Comparing Assistant