Page No.# 1/3 GAHC010139562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1449/2025 SAHA ALAM SHEIKH S/O -LATE ABDUL MAJID, VILL- AJARA SALMARA, P.O- BARKANDA, P.S AND DIST- BILASIPARA, ASSAM,PIN-783348 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SALMA BIBI W/O- MOJAHAR HUSSAIN VILL- AJARA SALMARA P.O- BARKANDA P.S- BILASIPARA DIST- DHUBRI ASSAM. PIN-78334 Advocate for the Petitioner : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH,MR. D DAS SR. ADV Advocate for the Respondent : PP, ASSAM, MS A BORDOLOI(R-2),A SARMA (R-2),MR D GOSWAMI(R-2),MR S AFRIDI(R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 20.08.2025 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. Page No.# 2/3 S. Afridi, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Saha Alam Sheikh, apprehending arrest in connection with Bilasipara PS Case No. 153/2025 registered u/s 329(4)/75 BNS, R/W Section 8 of POCSO Act. 3. The gist of allegation in the ejahar dated 28.05.2025 is that on the same day in the morning around 11.30 am when no one was at home, the accused person entered into the house of the informant and tried to commit rape upon her minor girl. Later, upon hearing the hue and cry of her daughter, she came and saw the accused fleeing away. 4. Mr. H. R. A. Choudhury, learned senior counsel submits that one dispute had been raised regarding the aspect of doubtful citizenship of the informant and the instant case might have been filed as a vindictive act. In this regard, I have perused the complaint dated 04.06.2025. 5. Mr. D. P. Goswami, learned Additional Public Prosecutor after perusal of the case diary submits that in the statement recorded by the police during investigation and before the learned JMFC, the alleged victim girl who is admittedly a minor has implicated the accused. 6. Upon perusing the case diary it appears that in the statement of the victim, she has stated broadly on the same lines about the alleged act of the accused petitioner. 7. Mr. S. Afridi, learned counsel for the informant also objected in granting bail to the petitioner. It submitted that the said complaint lodged by the BJP Page No.# 3/3 was after the date of incident and has no bearing with the instant case. 8. Upon perusing the materials and the consistent implication by the alleged victim girl in the statements, I am of the view that this may not be a fit case for granting of pre-arrest bail. 9. Accordingly, the anticipatory bail application stands rejected at this stage. 10. Return the case diary. 11. This disposes of the anticipatory bail application. JUDGE Comparing Assistant