Page No.# 1/3 GAHC010163972025 2025:GAU-AS:10943 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1773/2025 ABDUL MALEK KHAN ALIAS ABDUL MALEK AND ANR S/O BELLAL HUSSAIN KHAN @ BELLAL HUSSAIN R/O VILL-KAZAIKATA, PARTVI, P.O. KAZAIKATA P.S. BILASIOPARA DIST. DHUBRI, ASSAM, PIN-783348. 2: MONOWER HUSSAIN @ MONOWAR FAKIR. S/O MAJIBAR FAKIR R/O VILL- KAZAIKATA PART-V P.O. KAZAIKATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MD. I H KHAN, MR K ISLAM,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA Page No.# 2/3 ORDER Date : 18-08-2025 Heard Mr. A. Alim Sk, the learned counsel for the petitioners and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Gauripur P.S. Case No. 317/2010 (PRC Case No. 1094/2024) under Sections 366/344/341 IPC. 3. Scanned copy of the TCR is already received. 4. It is submitted by Mr. Sheikh that the present accused/petitioners are innocent and they are not involved in the alleged offence. Further, he submitted that during the investigation, police did not search for them and for that they were not aware about the pendency of this case. The FIR lodged in 2007 and charge-sheet filed in 2023. However, both the petitioners are ready and willing to contest the case by appearing before the learned Trial Court below, if any interim protection is provided to them. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that finding sufficient incriminating materials against both the petitioners, the charge-sheet was filed against them. He further submitted that during the period of investigation, both the petitioners did not cooperate in the investigation and for which they were shown as an absconder in the charge- sheet. Page No.# 3/3 6. Mr. Sharma further submitted that subsequently Section 376D IPC is also charge-sheeted against both the petitioners and hence considering the nature of offence the petitioners may not be provide with any interim protection. 7. Hearing the submissions made by learned counsel for both sides, it is seen that both the petitioners were shown as an absconder in the charge-sheet and the learned Trial Court below had already issued summons against both the petitioners. 8. However, considering the submission made by learned counsel for the petitioners, both the petitioners are hereby asked to appear before the learned Trial Court below on or before 15 (fifteen) days from the date of order and till their appearance or till 15 days whichever is earlier no coercive action shall be taken against them. Both the petitioner will accordingly file petition for regular bail before the learned Trial Court below, which may be considered in accordance with law. If they do not appear before 15 days, the interim protection will automatically stand cancelled. 9. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant