Page No.# 1/3 GAHC010240912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3017/2024 SIRAJUL ALI S/O MD. JAKIR HUSSAIN R/O VILL- BARNIBARI P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NAZMA BIBI W/O ISLAM ALI R/O VILL- BARNIBARI P.S. MUKALMUA DIST. NALBARI ASSA Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI,MR. K NATH Advocate for the Respondent : PP, ASSAM, MR. P SAIKIA (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Heard Mr. H. Ali, learned counsel for the applicant. Also heard Mr. B. Page No.# 2/3 Sarma, learned Additional Public Prosecutor, for the State respondent and Mr. P. Saikia, learned Amicus Curiae for the respondent No.2/informant. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by applicant, namely, Md. Sirajul Ali, who has been apprehending arrest in connection with Mukalmua P.S. Case No.221/2024, under Section 126(2)/118(1) of BNS, 2023, read with Section 12 of POCSCO Act, for grant of pre-arrest bail. 3. It is to be noted here that, the above noted case has been registered on the basis of an FIR lodged by one Nazma Bibi. The essence of allegation, against the present applicant is that he harassed the minor daughter of the informant, namely, Smti X (name withheld) aged about 16 years, and he also assaulted the husband of the informant when he reported the matter in the house of the applicant and injured him seriously. 4. The learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail by this Court, vide order dated 12.12.2024, and pursuant to the said order the applicant had appeared before the I.O. and co-operating with the investigating agency and therefore, it is contended to allow this application. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produce the case dairy before this Court and submits that the I.O. has collected some material in support of the involvement of the applicant with the offence alleged and that the investigation is going on and therefore, Mr. Sarma, learned Additional Public Prosecutor has opposed the petition. On the other hand, Mr. P. Saikia, learned Amicus Curiae for the respondent No.2 also submits that there are materials against the applicant and that the bail order 14.10.2024 Page No.# 3/3 passed by the learned Special Judge in Criminal Misc. Case No. 8/2024, indicates that the injury sustained by husband of the informant, Islam Ali, is grievous. In view of the medical documents and considering the above, the pre- arrest bail for the applicant was rejected. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional Public Prosecutor. 7. It is not in dispute that the applicant had appeared before the I.O. pursuant to the order of this Court 12.12.2024, and he has been co-operating with investigating agency and the investigation also progressed significantly. The victim and another crucial witnesses have already been examined and in view of above facts and circumstances, the custodial integration of the applicant seems to be not warranted here in this case, and therefore, the interim order dated 12.12.2024 is made absolute in the same terms and conditions. 8. In terms of above, this anticipatory bail application stands disposed of. 9. Case diary be returned. JUDGE Comparing Assistant