Page No.# 1/3 GAHC010194622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2542/2024 KHAIRUL ISLAM S/O- KADAM ALI, VILL.- KHANATUP, P.O. TELIACHAPARI, P.S. RUPAHIHAT, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ROSHIDUL ISLAM S/O- ABU BAKKAR SIDDIQUE VILL.- JORKHONI P.S. RUPOHIHAT DIST. NAGAON ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,S. M. ZINNA Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor and Ms. B. Choudhury, learned counsel appearing for the respondent No.2. 2. This application under Section 482 of the BNSS, 2023, is filed for granting Page No.# 2/3 the privilege of pre-arrest bail to the petitioner, namely, Khairul Islam, apprehending his arrest in connection with Special POCSO Case No. 149(N)/2024 (Rupohihat P.S. Case No. 167/2024) registered u/s 329(4)/76 BNS, R/W Sec. 8 of POCSO Act, pending in the court of Additional Sessions Judge cum Special Judge (POCSO), Nagaon. 3. It is submitted by the learned counsel for the petitioner that there was land dispute prevailing between the parties for which this false case has been instituted against the petitioner. The petitioner is no way connected with the alleged offence. Learned counsel further submitted that by that time the petitioner has received summons from the court for his appearance. Under such backdrop, benefit of pre- arrest bail may be extended in favour of the petitioner enabling him to appear before the trial court. 4. On the other hand, learned Additional Public Prosecutor has produced the Case record and submitted that the victim in her statement recorded before the Magistrate under Section 183 BNSS has implicated that she has been sexually abused by the petitioner. 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 by stating that the victim has been sexually assaulted by the petitioner on consecutive dates. 6. I have considered the submission of learned counsel for both the parties and also gone through the scanned copy of the record including the statement of the victim wherein she has clearly stated that she has been sexually abused by the petitioner. 7. Under such backdrop, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner. Page No.# 3/3 8. Accordingly, the pre-arrest bail application stands rejected. However the accused peittioner is directed to surrender before the trial court and in the event of filing any bail application, the same shall be considered by the trial court in accordance with law. 9. This disposes of the anticipatory bail application. JUDGE Comparing Assistant