Page No.# 1/3 GAHC010250202025 2025:GAU-AS:17007 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2688/2025 RAKIB HUSSAIN SON OF MOHIJAL HOQUE, R/O VILLAGE KUCHIMARA, P.S. MANKACHAR, DIST. SOUTH SALMARA, MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MONIRUZZAMAL SON OF LT MISIRUDDIN R/O VILLAGE KUCHIMARA P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,U U KHAN Advocate for the Respondent : PP, ASSAM, MR. M A I HUSSAIN (INFORMANT) BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Mr A Ahmed, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam; and Mr MAI Page No.# 2/3 Hussain, learned counsel appearing on behalf of the victim. 2. This application under Section 482 of the BNSS, 2023, has been filed praying for grant of pre-arrest bail to the petitioner. The petitioner, Rakib Hussain, apprehends arrest in connection with Special (P) Case No. 285/2024, under Sections 454/342/324/376/511 IPC, read with Section 18 of the POCSO Act, arising out of Mankachar PS Case No. 594/2017, pending in the Court of learned Special Judge, South Salmara, Mankachar. 3. Perusal of the record shows that the FIR was lodged on 21.07.2017. The petitioner was not arrested during the investigation of the case and the case was charge sheeted on 31.07.2023. The case has been, thereafter, committed to the appropriate Court, where it is now awaiting trial. 4. The learned counsel for the petitioner has submitted that by order dated 16.12.2024, cognizance was taken and since the accused/petitioner herein was not under custody summonses were issued to him. On 05.03.2025, a petition was filed showing cause for non-appearance and the matter was fixed on 26.06.2025, for appearance. On the failure of the petitioner to appear on 26.06.2025, non-bailable warrants of arrest were issued against the petitioner, fixing 15.09.2025. 5. This Bail petition was filed on 15.10.2025, but the orders passed on 15.09.2025 are not on record. 6. Learned counsel for the petitioner has submitted that the absence of the petitioner was inadvertent and for reasons beyond his control and the petitioner is willing to participate in the trial proceedings, if given the opportunity. 7. In view of the submissions made and after hearing the learned Additional Public Prosecutor, this anticipatory bail application is disposed of by giving an opportunity to the petitioner to appear before the learned trial Court before 27th of January, 2026. It is provided that till such date, the Non-Bailable Warrants of Arrest shall not be executed against the petitioner. On appearance of the petitioner before the learned Trial Court, he Page No.# 3/3 may move an application for grant of bail, which shall be accordingly considered on its own merit, without reference to the present abeyance of the non-bailable warrants of arrest. JUDGE Comparing Assistant