Page No.# 1/3 GAHC010230332024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2906/2024 MINAJUL ISLAM S/IO TAZIM UDDIN, R/O VILL- 7 BARJARONI GAON, P.S.-LANKA, DIST- HOJAI (ASSAM) VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:NEPURJAN BEGUM W/O JOINAL UDDIN R/O VILL- BORJARONI GAON NO. 07 P.S.-LANKA HOJAI ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS. P KHATUN,T A LASKAR,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, MS P DAS, Amicus Curiae(R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 05.02.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. K. Page No.# 2/3 Baishya, learned Addl. Public Prosecutor, Assam appearing for the State respondent No. 1 and Ms. P. Das, learned Amicus Curiae appearing for respondent No.2. This petition under Section 482 BNSS, 2023, is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Minajul Islam, apprehending their arrest in connection with Lanka P.S. Case No. 520/2023 registered u/s 376 of the IPC read with Section 4 of POCSO Act. Learned counsel for the petitioner has submitted that the petitioner had relationship with the victim girl and whatever stated in the FIR is totally false, by that time charge-sheet has been laid showing him as an absconder. It is further submitted that it is reported that summons has been issued to the petitioner but not yet been received. As it is a POCSO Case, the petitioner is apprehending arrest. In view of the above, benefit of pre-arrest bail may be extended to the petitioner. On the other hand, Mr. Baishya, learned Additional Public Prosecutor has submitted that charge-sheet has been laid against the petitioner showing him as an absconder and there are sufficient incriminating materials in the statement of the victim recorded under Section 183 BNSS and prays for dismissal of the bail application. Ms. P. Das, learned Amicus Curiae appearing for respondent No.2 has also made objection in granting bail to the petitioner by stating that the victim is a minor girl who has been sexually harassed by the petitioner. In view of the submission of learned counsel for the parties and on perusal of the statement of the victim, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner. Page No.# 3/3 Accordingly, the pre-arrest bail application stands rejected. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant