Page No.# 1/3 GAHC010204892025 2025:GAU-AS:12943 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2280/2025 SORFOT ALI BEING REPRESENTED BY HIS FATHER NAMELY MD. MONAHAR ALI, R/O VILL.PUB BHIR, PANI BHARAL, P.O. AND P.S.BISWANATH CHARIALI, DIST. BISWANATH, PIN 784176, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:ISRAFIL ALI C/O MD. MAHAMMAD ALI VILL. PUB BHIR P.O. P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN 78417 Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.09.2025 1. Heard Mr. P. Neog, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Md. Sorfot Ali, who is apprehending his arrest in connection with Special (POCSO) Case No. 10/2025. 3. The learned counsel for the petitioner has submitted that in the aforesaid case, charge sheet has been laid under Sections 351(2)/3(5) of BNS, 2023 read with Sections 4/12 of the POCSO Act, 2012. 4. He submits that the name of the petitioner has been shown as an absconder in the charge sheet and therefore, he has submitted that the petitioner has not yet received summons from the Trial Court. However, he also claims that the petitioner is a juvenile. 5. In this case though the petitioner has been shown as an absconder in the charge sheet, however, the Court before which Special (POCSO) Case No. 10/2025 is pending in the Court of the learned Sessions Judge-cum-Special Judge and which is competent to grant bail to the petitioner on his appearance before the said Court. Moreover, the petitioner may also take the plea of juvenility on his appearance before Page No.# 3/3 the said Court and the Trial Court would be duty bound to consider the plea of juvenility raised by him. 6. Under such circumstances, this Court is of the considered opinion that presently there is no apprehension of getting the petitioner arrested in connection with the aforesaid case. 7. This anticipatory bail application is disposed of with an observation that the petitioner may appear before the Trial Court on the next date fixed or on receiving of the summons from the said Court and may file an application for regular bail before the said Court, if so advised. The petitioner may also take the plea of juvenility before the said Court. JUDGE Comparing Assistant