Page No.# 1/3 GAHC010132722025 2025:GAU-AS:8560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1411/2025 ASRAFUL ALOM S/O- JULMOT ALI MUSULLI. R/O-VILL.- KALAIRALGA PT-I, P.O.- KOKRADANGA. P.S.- SUKACHAR. DIST.- SOUTH SALMARA-MANKACHAR, ASSAM, PIN-783128. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 2:ASI JAYNAL ABEDIN (OF SUKCHAR PS) S/O- ABDUS SOBAHAN. P.S.- SUKCHAR. DIST.- SOUTH SALMARA- MANKACHAR ASSAM. PIN-783128 Advocate for the Petitioner : MR A A DEWAN, MR A MALEK,M.A. ISLAM,S.D. AHMED,MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 24.06.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Page No.# 2/3 Mr. K. Baishya, learned APP for the State. 2. By filing this application under Section 482 of the BNSS, 2023, the petitioner has prayed for pre-arrest bail in connection with Sukchar P.S. Case No. 87/2024, under section 9/10/11 of the PCM Act, read with section 6/17 of the POCSO Act, corresponding to Special Pocso Case No. 27/2025, pending before the Court of learned Special Judge, South Salmara, Mankachar under section 9/11 of the PCM Act, 2006. 3. The learned counsel for the petitioner has submitted that the petitioner had married the victim with consent of the family of both sides and they are residing as husband and wife. It is submitted that the father of the petitioner was also arrested in the same case and he has been released on bail in the meanwhile. 4. The learned counsel for the petitioner has also submitted that in the charge-sheet, the Investigating Officer has declared the petitioner to be an absconder, which is impermissible in law and accordingly, it is submitted that the petitioner apprehends that if he appears before the learned Trial Court, he may be taken into custody. 5. The apprehension of the petitioner of arrest by the learned Special Judge, South Salmara, Mankachar is found to be out of place because vide order dated 27.03.2025, by which cognizance of offence was taken, the learned Special Judge had issued summons for appearance of the petitioner fixing 07.05.2025. Therefore, no warrant of arrest has been issued against the petitioner. 6. Accordingly, the Court finds no reason to issue notice on this bail application. In the event the petitioner appears before the learned Trial Court on Page No.# 3/3 the next date fixed, the said learned Court shall deal with the matter in accordance with law. 7. With the above observation, this pre-arrest bail application stands closed. JUDGE Comparing Assistant