Page No.# 1/4 GAHC010133372025 2025:GAU-AS:11819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1412/2025 MOHAMMAD ALI S/O- ABU SHAMA @ ABU SHAMA ALI. R/O- VILL.-HARIRCHAR PART- I , P.O.-MADRASAPARA, P.S.- MERERCHAR DIST.-BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MOMTAJ KHATUN W/O- JAYNAL ABDIN. VILL.-BAGULAMARI P.O- LANGLA P.S.- KALGACHIA DIST - BARPETA ASSA Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,T ALAM Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2025 1. Heard Mr. A.K Azad, learned counsel for the petitioner and Ms. M.K Brown, learned Amicus Curiae for respondent no.2. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Mohammad Ali, seeking pre- arrest bail in connection with Kalgachia P.S Case No. 96/2024 registered under Sections 87/65(1)/115(2) of BNS, 2023, R/W Section 6 of the Protection Of Children From Sexual Offences (POCSO), 2012. 3. The FIR reveals that on 11.07.2024, the informant's minor daughter namely X aged about 15 years was abducted by the above mentioned accused No. 1 at about 5:00PM from her house and by keeping his house, the accused No. 1 fled away from his house. Thereafter the village head men are called the informant and her husband, then the informant's minor daughter was given to their custody. But on 14/07/24 at about 6:00PM the above mentioned accused No.1 again by enticing abducted the informants minor daughter namely X and taken to a rental room at and Kalgachia committed physical relationship/sexual relationship. Thereafter though came to the accused own house but accused No.2 and 3 by Page No.# 3/4 kick and fist assaulted the minor daughter of the informant then on hue and cry by the said minor girl peoples were gathered in place of occurrence. Then the peoples were promises to the Informant that on 17.07.2024 by organizing a Village Bichar, they will take necessary action in respect of the aforesaid incident and said girl was given to the custody of her mother. But after the expiry of above mentioned date i.e. 17.07.2024 the village head men were not taken any action. Thereafter again on 25.07.2024 at about 9:00PM the minor daughter of the informant was again abducted by the above mentioned accused No. 1, and in a hotel at Bongaigaon whole night committed forcefully sexual relationship with the minor daughter of the informant, and on the next day i.e. 26.07.2024 at about 11:00PM the said minor girl was left in front of the house of the informant. It is pertinent to mentioned herein that due to sexual relationship with the minor daughter of the informant in several time at several places she was aborted in two times by the said accused. 4. The learned counsel for the petitioner has submitted that investigation of the case has progressed and the statement of the victim has already been recorded. 5. The case is arisen out of a love affair between the accused and the victim and custodial interrogation of the petitioner is therefore, not necessary. 6. Per contra, the learned Additional Public Prosecutor for the State has submitted that the victim in her statement has fully implicated the accused person. Page No.# 4/4 7. The learned Amicus Curiae for the respondent no.2 has pointed out that the present case is registered under Section 65(1) BNSS along with other Sections of law and in view of the proviso to Section 482(4) of BNSS, an application for pre-arrest bail in respect of such offences is explicitly barred. 8. Having regard to the above facts as well as the material available in the case diary, prayer for anticipatory bail stands rejected. 9. Send back the case diary. 10. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant