Page No.# 1/4 GAHC010226222025 2025:GAU-AS:16976 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2433/2025 ABDUL MALEK S/O LT. ABDUL JABBAR, VILLAGE- TELIACHAPARI TUP, P.O. AND P.S. RUPAHIHAT, DIST- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:NUR MAHAMMAD S/O ABDUL HASIM VILLAGE- TELIACHAPARI TUP P.O. AND P.S. RUPAHIHAT DIST- NAGAON ASSAM PIN 782125 Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, Amicus Curiae, (R-2) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 08.12.2025 Heard Mr. A.M. Barbhuiya, learned counsel for the applicant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent No. Page No.# 2/4 1; and Dr. P. Agarwal, learned Amicus Curiae for the respondent No. 2. 2. Apprehending arrest in connection with Rupahihat P.S. Case No. 414/2023, under Sections 376/212/506/34 of the IPC, read with Section 4 of the POCSO Act, this application under Section 482, BNSS, 2023 is preferred by applicant, namely, Abdul Malek, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Nur Mahammad on 04.10.2023. The allegation against the present applicant is that on 25.08.2023, at about 4 p.m., the applicant called the daughter of the informant, namely, Smt. X (name withheld), aged about 17 years for sweeping his house and while his daughter was sweeping the house of the applicant, he caught hold of her hand and dragged her and then pressed her mouth with cloth and undressed her, and thereafter, he committed rape upon her. While his daughter raised hue and cry, the applicant released her and she reported the matter to his wife and thereafter, they went to the house of the applicant, and then the applicant and other co-accused persons assured them to make payment of some amount to hush up the matter. But, when he refused, they threatened them and also threatened to cause mischief of their house. 4. Mr. Barbhuiya, learned counsel for the applicant submits that the applicant is innocent and the informant has falsely implicated him in this case only to harass him and also to grab his land, and that at the relevant point of time, and the victim has already attained majority. Mr. Barbhuiya also submits that in the meantime, the I.O. has completed his investigation and laid charge-sheet before the learned trial Court and the learned trial Court has issued summon to the applicant. Mr. Barbhuiya further submits that the applicant will appear before the learned trial Court and will face trial and under such circumstances, Mr. Page No.# 3/4 Barbhuiya has contended to extend the privilege of pre-arrest bail to the applicant. 5. Per contra, Mr. Barthakur, learned Additional Public Prosecutor for the State respondent No. 1 has vehemently opposed the application. Mr. Barthakur submits that the offences are serious in nature and the applicant has been charge-sheeted by police showing him as absconder. Mr. Barthakur also submits that earlier, his pre-arrest bail application was dismissed by this Court and no fresh ground has been assigned in this application, and under such circumstances, it is contended to dismiss this application. 6. On the other hand, Dr. Agarwal, learned Amicus Curiae for the respondent No. 2 has also vehemently opposed the application. Dr. Agarwal submits that submission of charge-sheet is not a ground for extending the privilege of pre- arrest bail and the charge-sheet was submitted long back and the applicant is absconding, and that the offences under which the charge-sheet was filed are serious in nature, and that this is not a fit case to grant pre-arrest bail. Dr. Agarwal also submits that the applicant may be directed to surrender before the learned trial Court and to prefer bail application there. 7. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also gone through the order dated 05.02.2024, passed in AB No. 4306/2023, and the scanned copy of the record received from the learned trial Court. 8. It appears that the applicant has been charge-sheeted under Sections 376/212/506/34 of the IPC, read with Section 4 of the POCSO Act, along with Ashad @ Ashadul Hoque, Abdul Hasim, Nur Jamal, Jaidul Islam and Mohidul @ Moidul Islam on 30.12.2023. It also appears that the allegations against the Page No.# 4/4 applicant are serious in nature and though Mr. Barbhuiya, learned counsel for the applicant submits that since charge-sheet has been submitted, bail can be granted to the applicant, and that he will face trial, yet it is well settled in the case of State of Karnataka vs. Sri Darshan Etc., in Criminal Appeal Nos. 3528 - 3534 of 2025 [Arising from SLP (Crl.) Nos. 516 – 522 of 2025], that filing of charge-sheet and lengthy list of witnesses is not a ground for extending the privilege of bail to the accused person, and the same has to be weighed with the nature and gravity of the offence. 9. In the case in hand, having regards to the nature and gravity of the offence, and also considering the fact that the applicant has been charge- sheeted in offences, which are serious in nature, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicant, and accordingly, this application stands dismissed. 10. However, the applicant is directed to surrender before the learned trial Court within a period of one week from today and to prefer an application for granting of regular bail, and in the event of such application being filed, the learned trial Court shall consider the same in accordance with law. JUDGE Comparing Assistant