Page No.# 1/4 GAHC010221392025 2025:GAU-AS:14069 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2415/2025 NAZRUL HAQUE S/O- LATE JAMIR ALI, R/O- GURKUCHI, KAIRARA, P.O. AND P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN- 781354. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. S RAHMAN,MD R ISLAM,MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-10-2025 Heard Mr. S. Rahman, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Nazrul Haque who is Page No.# 2/4 apprehending his arrest in connection with Golaghat P.S. Case No. 90/2025 under Sections 137(2)/318(2)/127(2) of the BNS, 2023. 3. Case diary has been received and I have perused the same. 4. It is submitted by Mr. Rahman, learned counsel that the petitioner is innocent and he is no way connected in the alleged offence. He is not an FIR named accused and it is also learnt from the available sources that the victim has already been recovered and the statement has also been recorded. 5. Mr. Rahman, learned counsel further submitted that it is admitted in the petition itself that the accused petitioner used to supply some labourer to work outside the State, specifically in Delhi and Jammu and Kashmir as per instruction of some of the contractors and that apart, he is not connected in any other offence. 6. He further submitted that one of the co-accused, Prasanta Saikia came to him with a proposal to send the minor boy for construction work, but considering his age, he refused to send the boy to other States and he is not at all involved in the alleged offence. 7. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with some interim protection. 8. Mr. Baishya, learned Addl. PP submitted in this regard that there are sufficient incriminating materials so far collected by the I.O. against the present petitioner, rather, he is the main kingpin of the entire crime. 9. Mr. Baishya, learned Addl. PP further submitted that it is an organized crime, wherein, many persons are involved in child trafficking and even those children were sold by them and the children were sent to different States, Page No.# 3/4 specifically in Jammu and Kashmir and Delhi as a labourer. 10. Mr. Baishya, further submitted that the I.O. has also submitted his bail objection, wherein, it is also reported that at the time of recovery of the victim, some other young boys were also recovered and their statements were also recorded, wherefrom, it is seen that the present petitioner is the main culprit, who took those young boys or the minor boys to sell them or to supply them as a labourer to other States and thus, he is involved in child trafficking. 11. Mr. Baishya, learned Add. PP further submitted that the present victim as well as other victim also identified the petitioner as shown the photographs and it is specifically stated that the accused is the main culprit, who took the victims and thus, he is very much involved in child trafficking. 12. Mr. Baishya, learned Addl. PP further submitted that the I.O. also visited the house of the present petitioner and got the information as to how the boys were kept in their houses before they were sold or send as a labourer. Mr. Baishya further submitted that from the note of the I.O., it also reveals that the accused petitioner is a habitual offender and he is involved in similar kind of offence and at present two cases are pending, one is Rangia P.S. Case No. 35/2025 under Section 111(1)/143(3)(4) of the BNS, 2023 read with Section 14 of Child Labour (Prohibition and Regulation) Act, 1986, wherein the charge sheet has already been submitted and in other case being Rangia GRPS Case No. 01/2024 under Section 370(3) IPC, which is also charge sheeted against the present petitioner. 13. Mr. Baishya, learned Addl. 13. Mr. Baishya, learned Addl. PP submitted that considering the nature of the offence, stage of the investigation, which is at a nascent stage as well as considering the conduct of the accused petitioner, further custodial interrogation Page No.# 4/4 of the accused petitioner will be required for the purpose of investigation. 14. Heard the submissions of the learned counsel for the parties, I have perused the case records as well as the case diary, wherefrom, it is seen that there are sufficient incriminating materials against the present petitioner and the I.O. has also collected as to how, the petitioner is involved in child trafficking etc. So considering the nature and gravity of the offence, this Court is of the opinion that custodial interrogation of the petitioner will be required for the purpose of investigation and to unearth some more facts of the case as well as to nab the other culprits involved in the alleged offence. 15. In view of the above, I do not find it to be a fit case to extend the privilege of pre-arrest bail to the petitioner. 16. Accordingly, this pre-arrest bail application of the petitioner, namely, Nazrul Haque in connection with Golaghat P.S. Case No. 90/2025 under Sections 137(2)/318(2)/127(2) of the BNS, 2023 stands rejected. 17. This pre-arrest bail application accordingly, stands disposed of. 18. Return the case diary herewith. JUDGE Comparing Assistant