Page No.# 1/3 GAHC010193502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2608/2024 NABI HUSSAIN @ NAWAR HUSSAIN S/O LT. NUR MOHAMMAD HUSSAIN VILL- WARD NO. 7, NORTH LAKHIMPUR, SIDHI ROAD, P.O. AND P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR, ASSAM, PIN-787001 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:FIRUJA BEGUM W/O JIARUL ALI R/O C.D. ROAD WARD NO. 7 P.O. AN DP.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM PIN-78700 Advocate for the Petitioner : MR S CHAUHAN, MR N ALAM,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, MR. S SHARMA(R-2),MR. A K PURKAYASTHA(R- 2),B RONGHANGPI (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor and Mr. A. K. Purkayastha, learned counsel appearing for the respondent No.2. 2. This application under Section 482 of the BNSS, 2023, is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Nabi Hussain @ Nawar Hussain, apprehending his in connection with North Lakhimpur P.S. Case No. 239/2024 registered u/s 65(1) of the BNSS, r/w Section 6 of POSCO Act. 3. It is submitted by the learned counsel for the petitioner that there was land dispute prevailing between the parties and the family members of the victim have instituted a false case against the petitioner. The petitioner is no way connected with the alleged offence. He further submitted that the petitioner has been suffering from mental disorder for last 3 years and he is still undergoing treatment. In support of the fact, the learned counsel for the petitioner has also produced one medical certificate. According to the learned counsel for the petitioner, considering the mental condition of the petitioner, pre-arrest bail may be extended in favour of the petitioner. 4. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary and submitted that the victim who is 12 years of age, in her statement recorded by the Magistrate under Section 183 BNSS has implicated that she has been sexually harassed by the petitioner on several occasion. The Page No.# 3/3 victim also stated before the Magistrate that the accused used to call her in his house and committed sexual assault on her. As such, the learned Additional Public Prosecutor has opposed the bail prayer of the petitioner. 5. Learned counsel for the respondent no.2 has also raised objection against the bail prayer of the petitioner by stating that the victim has been sexually assaulted by the petitioner on consecutive dates. 6. I have heard the learned counsel for both the parties. 7. On perusal of the case diary, it reveals that the victim has been sexually abused by the petitioner on several dates. The medical certificate issued by the Medical Officer is not sufficient to consider the fact that the accused petitioner was mentally retarded at the relevant time of incident. Nonetheless, there are sufficient incriminating materials in the case diary regarding the alleged offence committed by the petitioner. 8. Therefore, this Court finds it not a fit case to grant the privilege of pre- arrest bail to the petitioner. 9. Accordingly, the pre-arrest bail application stands rejected. 10. Return the case diary. 11. This disposes of the anticipatory bail application. JUDGE Comparing Assistant