Page No.# 1/3 GAHC010242352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3042/2024 AJIBAR RAHMAN S/O JAFAR ALI R/O VILL- SREEGRAM, PT. VI P.O. HATIPOTA, P.S. CHAPAR DIST. DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AKLIMA KHATUN W/O SHAHA ALOM R/O VILL- SREEGRAM PT.V P.O. HATIPOTA P.S. CHAPAR DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MS. N NASRIN, MR. A W MONDAL,MD. I H KHAN,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, R KHA (r-2),N. UDDIN (r-2),MR. R ISLAM (r-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 28.01.2025 Heard Mr. A. Alim SK, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor appearing for the State and Mr. R. Islam, learned counsel appearing for the respondent No.2. By filing this application u/s 482 of BNSS, 2023, the petitioner, namely, Ajibar Rahman, has sought for pre-arrest bail, who is apprehending arrest in connection with Chapar PS Case No.180/2024 under Section 126(2)/75 of the BNSS, R/W Section 8 of the POCSO Act. Learned counsel for the petitioner has submitted that the instant FIR was absolutely false, fabricated and manufactured which has been filed just to harass the petitioner, who is no-way connected with the instant case. It is further submitted that only on the basis of the statement of the victim, a person cannot be taken into custody. Also stated that one, Monnaf Ali, who is the relative of the victim, has some land dispute with the father of the petitioner, as such this false case has been instituted against the petitioner. In view of the above, the benefit of pre-arrest bail may be extended to the petitioner. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary and submits that the victim has stated in her statement recorded by the Magistrate u/s 183 of the BNSS that she has been sexually harassed by the petitioner. Learned counsel for the respondent no.2 also has objected in granting bail to the petitioner by stating that the victim has been sexually abused by the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Page No.# 3/3 Statement of the victim discloses that on the date of incident while she was coming from school towards her house, the petitioner followed her and when she tried to escape, the petitioner dragged her from behind and touched her private parts. When she raised hue and cry, the petitioner had left the place. In view of the allegation made in this case, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the pre-arrest bail application stands rejected. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant