Page No.# 1/3 GAHC010187142025 2025:GAU-AS:15468 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2100/2025 NUR ISLAM @ NUR ISLAM SK S/O- ANOWAR ALI, VILLAGE -DEBOTTAR HASDAHA, HAZIPARA, P.O..- DEBOTTAR HASDAHA, DIST.- DHUBRI, ASSAM, P.S.- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:JAYEDA KHATUN (COMPLAINANT) W/O- ATOWAR ALI. VILL.- PUB KANURI ALI P.S.- GOLOKGANJ DIST.- DHUBRI ASSAM Advocate for the Petitioner : Mr M U Ahmed, Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, Amicus Curiae (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.11.2025 1. Heard Mr. M. M Rahman, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent as well as Ms. B. Chaudhary, the learned Amicus Curiae, appearing for the respondent No. 2. 2. This application under section 482 of BNSS, 2023 has been filed by the petitioner, namely, Nur Islam @ Nur Islam Sk, who is apprehending his arrest in connection with the Dhubri P. S. Case No. 289/2025 under Sections 61(2)/64/62/76/77/351(3) of the BNS, 2023 read with Section 8 of the POCSO Act, 2012. 3. The learned counsel for the petitioner has submitted that in the aforesaid case, after completion of the investigation, the charge sheet has been laid and the petitioner is apprehending that if he appears before the trial court, he may be remanded to custody and, therefore, he has prayed for anticipatory bail. 4. On the other hand, the learned Additional Public Prosecutor as well as the learned Amicus Curiae has submitted that since charge sheet has been laid, and since, the court before which charge sheet has been laid is competent to consider the bail application and grant the same, if it finds fit to do so. The apprehension of getting arrested in this case is not there and therefore, he submits that this is not a fit case for grant of anticipatory bail. 5. I have considered the submissions made by both sides. Page No.# 3/3 6. It appears from the record that on 18.08.2025, charge-sheet No. 317/2025 has been laid before the court of learned Additional Session Judge, Cum Session Judge, Dhubri. 7. Since charge sheet has been laid, even if petitioner has been shown as an absconder in the same charge sheet, he would be receiving summons from the trial court and since the court of Session Judge POCSO is also a court of Additional Session Judge, and is competent to consider and grant bail in the offence involved, in this case, if it finds fit to do so, this court is not inclined to issue any direction under Section 482 of BNSS, 2023 in this case. 8. Accordingly, this anticipatory bail application is dismissed. JUDGE Comparing Assistant