Page No.# 1/3 GAHC010266332025 2025:GAU-AS:17427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2820/2025 MD ASAD ALI @ ASHADUL HOQUE S/O MD. SHARFAT ALI VILL- NO. 1 SARKEY BASTI, P.S. LUMDING, DIST. HOJAI, ASSAM, PIN- 782446. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A N IQBAL, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.12.2025 1. Heard Mr. A.N Iqbal, learned counsel for the petitioner. Also heard Mr. K Baishya, learned Addl. Public Prosecutor for the State of Assam. 2. This is an application filed u/s 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner namely, Md. Asad Ali @ Ashadul Hoque in Page No.# 2/3 connection with PRC Case No. 1016/2023 pending in the Court of Ld. J.M.F.C, Hojai (arising out of Lumding P.S Case No. 281/2021) u/s 376(2)(I) of IPC. 3. An FIR dated 30.12.2021 was lodged in the Hojai Police Station by the father of the alleged victim girl with the allegation that the said victim girl aged 36 years, who is his daughter and who is suffering from speech disability (unable to speak), is found to be pregnant and when asked about it, she, through gestures, indicated the accused. Investigation resulted in a charge- sheet and the present petitioner was indicated as an absconder and the case is presently stated to be at the stage of appearance. 4. The learned counsel for the petitioner, referring to a similar order of a coordinate Bench of this Court, submits that the petitioner is ready to face trial and the Court may be pleased to grant bail as prayed for. Case Diary, as called for, is received and on the basis of the same, Mr. K Baishya, learned Addl. Public Prosecutor for the State of Assam strongly opposes the grant of bail and submits that the alleged offence, which itself is of serious nature was perpetrated upon the victim girl who is suffering from speech disability. Her testimony before the Ld. Magistrate was contended to be recorded with the help of interpreter and I have perused the said statement. There is implication in the said statement of the victim recorded before the Ld. Magistrate. 5. As pointed out by learned Addl. Public Prosecutor, I have also perused the statement of the mother of the victim in which she has stated inter alia that upon being asked, her daughter/victim girl took them by their hands and showed them the house of the accused, 6. Despite the case reaching the stage of trial, considering the serious nature Page No.# 3/3 of the alleged offences, I am not inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the prayer for anticipatory bail stands rejected at this stage and as such, the petition stands dismissed. JUDGE Comparing Assistant