Page No.# 1/4 GAHC010242102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3059/2024 NABAB ALI AND 2 ORS S/O AKBAR ALI R/O VILL- KATIMARI PATHAR P.S .NAGAON SADAR DIST. KAMRUP, ASSAM 2: AKBAR ALI S/O LATE LAL MAMUD R/O VILL- KATIMARI PATHAR P.S .NAGAON SADAR DIST. KAMRUP ASSAM 3: MANUWARA KHATUN W/O AKBAR ALI R/O VILL- KATIMARI PATHAR P.S .NAGAON SADAR DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:DIPU DAS S/O HEMAKANTA DAS R/O HUZRANGA GORAH P.S. SADAR DIST. NAGAON ASSA Advocate for the Petitioner : MR. P RAHMAN, MR S ISLAM Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, Amicus Curiac, (R-2) BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 07.01.2025 Heard Mr. S Islam, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. Though name of the Amicus Curiae appointed by the Court for the respondent No.2/informant has been reflected in the cause list, but he did not appear in the matter. 3. Petitioners herein, namely, (i) Nabab Ali, son of Akbar Ali, (ii) Akbar Ali, son of late Lal Mamud and (iii) Manuwara Khatun, wife of Akbar Ali, all residents of village-Katimari Pathar, P.S.-Nagaon Sadar, District-Nagaon have filed this application under Section 482 of the BNSS, 2023, seeking pre-arrest bail in Special (POCSO) Case No. 287/2023 arising out of Nagaon Police Station Case No. 98/2023 registered under Section 9 of the Prohibition of Child Marriage Act read with Section 6 of the POCSO Act. 4. Petitioner No. 1 is the husband of the minor victim girl, whereas petitioner No. 2 and petitioner No. 3 are the parents of the petitioner No. 1, i.e., in-laws of the minor victim girl. 5. The Court by order dated 22.11.2024 called for the records of said Special (POCSO) Case No. 287/2023 arising out of Nagaon P.S. Case No. 98/2023 from the Court of the learned Special Judge (POCSO), Nagaon. 6. On perusal of the records of said Special (POCSO) Case No. 287/2023, it is seen that the petitioner No. 2, namely, Akbar Ali and the petitioner No.3, namely, Manuwara Khatun were arrested in said Nagaon P.S. Case No. 98/2023 on 03.02.2023 and later on the Court of the learned Special Judge (POCSO) cum Additional Sessions Judge No. 1, Nagaon by order dated 09.02.2023 released them on bail in said Nagaon P.S. Case No. 98/2023. 7. However, the petitioner No. 1 evaded arrest during the investigation of the case. 8. Police after completion of the investigation of the case on 27.06.2023 submitted the charge- sheet in said Nagaon P.S. Case No. 98/2023 vide charge-sheet No. 413/2023 before the learned Page No.# 3/4 Special Judge (POCSO), Nagaon, wherein the petitioner No. 1, Nabab Ali was shown to be an absconder. 9. The learned Special Judge (POCSO), Nagaon on 07.09.2023 took cognizance of the offence under Section 9 of the Prohibition of Child Marriage Act read with Section 6 of the POCSO Act against the three petitioners and issued summons to them for their appearance in said Special (POCSO) Case No. 287/2023 arising out of Nagaon P.S. Case No. 98/2023. 10. However, in spite of receipt of summons, the petitioners did not appear in said Special (POCSO) Case No. 287/2023. Initially, they remained absent with steps up to 19.06.2024 w.e.f. 14.12.2023 on six dates, i.e., on 14.12.2023, 02.02.2024, 26.02.2024, 30.03.2024, 03.05.2024 and 19.06.2024. Thereafter, on 02.09.2024, 22.10.2024, 26.11.2024 the petitioners remained absent before the learned Special Judge (POCSO), Nagaon without taking steps, for which the said Court issued Non-Bailable Warrant of Arrest against all the three petitioners for their appearance and the next date of the case is fixed on 18.01.2025 for appearance of the petitioners in said Special (POCSO) Case No. 287/2023. 11. Hence, this pre-arrest bail application by the petitioners to release them on pre-arrest bail in said Special (POCSO) Case No. 287/2023 arising out of Nagaon P.S. Case No. 98/2023 under Section 482 of the BNSS, 2023, apprehending their arrest because of issuance of NBWA against them. 12. Charge-sheet in said Nagaon P.S. Case No. 98/2023 has already been filed and this is not a criminal petition filed under Section 482 CrPC/528 BNSS. As charge-sheet has been filed in the case and the petitioner Nos. 2 & 3 have already been released on bail under Section 439 CrPC in said Nagaon P.S. Case No. 98/2023 way back on 02.09.2023, question of granting them pre-arrest bail in the same case does not arise at this stage. 13. From the order-sheet of said Special (POCSO) Case No. 287/2023, it is seen that the petitioners are avoiding their appearance before the Court of learned Special Judge (POCSO), Nagaon. 14. For the reasons above, this Court is of the opinion that this is not a fit case to grant pre- arrest bail to the petitioners namely, (i) Nabab Ali, (ii) Akbar Ali, and (iii) Manuwara Khatun in said Special (POCSO) Case No. 287/2023 arising out of Nagaon P.S. Case No. 98/2023 presently pending before the Court of the learned Special Judge (POCSO), Nagaon Page No.# 4/4 15. Accordingly, this pre-arrest bail application stands rejected. JUDGE Comparing Assistant