Page No.# 1/3 GAHC010220792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2398/2025 MAIJAN NESSA W/O- NIYAJUL ISLAM. R/O- VILLAGE- KOKILA UTTARPARA, P.O -ABHAYAPURI, P.S- ABHAYAPURI, DISTRICT- BONGAIGAON, ASSAM, PRESENTLY RESIDING AT HOUSE NO 8, BYLANE NO 3, BISHNUJYOTI PATH, P.O AND P.S- HATIGAON, DISTRICT- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MAMTAZ BEGUM W/O- MATIBAR RAHMAN. R/O- CHAKLA PART- I P.O- KOKILA P.S- ABHAYAPURI DISTRICT- BONGAIGAON PIN- 78339 Advocate for the Petitioner : MR. S K JAIN, B ALI Advocate for the Respondent : PP, ASSAM (R2), T UDDIN (R2),MR. A S AHMED (R2),MR. S AHMED (R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.10.2025 1. Heard Mr. S. K. Jain, the learned counsel for the petitioner. Also heard Page No.# 2/3 Mr. K. Baishya, the learned Additional Public Prosecutor for the State as well as Mr. S. Ahmed, the learned counsel for the respondent no. 2. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Maijan Nessa, who is apprehending her arrest in connection with the Abhayapuri P. S. Case No. 139/2025 under Sections 143(2)/64(1)/3(5) of BNS, 2023 read with Section 6 of the POCSO Act, 2012. 3. Before approaching this Court, by filing the instant anticipatory bail application, the petitioner had, on an earlier occasion, also approached this Court for seeking anticipatory bail. 4. However, by order dated 11.09.2025, passed in AB Case No. 1768/2025, the prayer for anticipatory bail was rejected after perusal of the case diary, and finding sufficient incriminating materials against her. 5. The learned counsel for the petitioner has fairly submitted that, on merit, the petitioner may not have any case in her favor. However, he submits that, as the petitioner is a woman, and presently pregnant, carrying a pregnancy of seven months and in the meanwhile, the main accused has already been apprehended. 6. He submits that the petitioner is ready to cooperate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor, Mr. K. Baishya, has produced the case of the Abhayapuri P. S. Case No. 139/2025 and has submitted that the present petitioner though a woman, is also one of the main accused in this case and the victim girl, in her statement, recorded under Section 183 of the BNSS, had made categorical implicating statement against her. 8. He further submits that this being the second anticipatory bail Page No.# 3/3 application, the petitioner has failed to show any strong ground for consideration of her bail, apart from the fact that she is carrying a pregnancy of seven months. 9. Mr. S. Ahmed, the learned counsel for the respondent No. 2 has also vehemently opposed the grant of anticipatory bail to the petitioner, in the instant case, on the ground that there are sufficient incriminating materials against the present petitioner. 10. I have considered the submissions made by the counsel for both sides, and have perused the case diary. 11. Though, the petitioner is a woman and carrying pregnancy of seven months, however, the nature of the accusation levelled against the petitioner, are so grave that it tilts the balance against the petitioner, in the instant anticipatory bail application. Apart from her pregnancy, the petitioner has not been able to show any ground, as to why she may be allowed to go on bail, when her first anticipatory bail application was rejected, and when the nature of allegations made against her, are so grave, this court, considering the incriminating materials available against the petitioner and the nature of case involved, is reluctant to give any protection to the petitioner at this stage. 12. The prayer for anticipatory bail is, therefore, rejected. 13. Accordingly, this anticipatory bail application is, accordingly, dismissed. JUDGE Comparing Assistant