Page No.# 1/3 GAHC010164272025 2025:GAU-AS:9810 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2410/2025 MOSAID ALI S/O LT. ABBAS ALI R/O VILL- PASCHIM DABLONG P.S. LANKA DIST. HOJAI, ASSAM, PIN-782446. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BIRENDRA CHAUHAN S/O LT. DIPEN CHAUHAN VILL- BORO WASHILING P.S. DIYUNGMUKH DIST. DIMA HASAO ASSA Advocate for the Petitioner : MR A A DEWAN, MR A MALEK,MR H A RASHID,M.A. ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 30.07.2025 1. Heard Mr. A.A. Dewan, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Mosaid Ali, who has been detained behind the bars since 28.06.2025, in connection with Spl. (POCSO) Case No. 62/2022, under Sections 365/376(D) of the Indian Penal Code, 1860 read with Section 4 of the POCSO Act, 2012. 3. The learned counsel for the petitioner has submitted that the petitioner had appeared before the Trial Court in pursuant to the summons issued by the Trial Court and he was earlier granted bail. However, he defaulted in regularly appearing before the Trial Court and accordingly, the Trial Court issued non-bailable warrant of arrest. 4. He submits that in execution of the non-bailable warrant of arrest issued against him, he was earlier arrested on 28.06.2025. On a specific query posed by this Court, the learned counsel for the petitioner submits that after getting arrested in execution of the non-bailable warrant of arrest issued by the Trial Court, he had not approached before the Trial Court and has directly approached this Court. Page No.# 3/3 5. Though there is no legal bar in approaching this Court, however, this Court is of the considered opinion that when the Trial Court is competent enough to consider and even grant bail to the petitioner, if it thinks fit to do so, the petitioner should have approach the Trial Court first. 6. Accordingly, this bail application is rejected with an observation that the petitioner may approach the Trial Court and may pray for regular bail before the said Court, if so advised. 7. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant