Page No.# 1/3 GAHC010264042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3283/2024 OMAR ALI S/O- IBRAHIM ALI, R/O- VILL.- PUTHIMARI CHAPARI (GASBARI PART), P.S. MANGALDOI, DIST. DARRANG, ASSAM, PIN- 784529. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM 2:JIYAR ALI S/O- MUNSAR ALI R/O- BORBARI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN- 784125 Advocate for the Petitioner : MR. T DEURI, MD A RAHMAN,MRS. R S DEURI,MS A DAS,MS. L WANGSA Advocate for the Respondent : PP, ASSAM, MR. M ALOM (R-2),MS. F H AHMED(R-2),MRS. S Y AHMED(R-2),MR. M K HUSSAIN(R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 27.01.2025 Heard Mr. T. Deuri , learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent Page No.# 2/3 No.1 and Mr. M. K. Hussain, learned counsel appearing for respondent No.2. This petition under Section 482 of BNSS, 2023 is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Omar Ali, apprehending his arrest in connection with Kharupetia P.S. Case No. 84/2024 registered u/s 137(2)/64(1)/3(5) of BNS, 2023 read with Section 4 of POCSO Act. The Case diary, as called for, is placed before the Court. The F.I.R. reveals the allegation of commission of rape upon the victim girl aged about 17 years. It is submitted by the learned counsel for the petitioner that the marriage between the accused petitioner and the informant’s daughter was fixed to be solemnized in the month of November, 2025. Then the informant’s daughter informed the accused petitioner that her father is planning to get her married with a government servant and she disagreed with her father’s proposal. It is further submitted by the learned counsel for the petitioner that the informant’s daughter then had eloped with the accused petitioner on her own will. Considering the background of the case, benefit of pre-arrest bail may be extended to the petitioner. On the other hand, Mr. D. Das, learned Addl. Public Prosecutor has produced the case diary and submitted that the victim in her statement recorded under Section 183 BNSS has implicated the present petitioner with the alleged offence and prays for dismissal of the bail application. Mr. M. K. Hussain, learned counsel appearing for respondent No.2 has also made objection in granting bail to the petitioner as the victim is a minor and she has been sexually abused by the petitioner. Page No.# 3/3 In view of the submission made by the learned counsel for the parties and considering the background of the 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