Page No.# 1/2 GAHC010280722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2960/2025 ABDUL AZAD ALI ALIAS AZAD ALI S/O- ARAJ ALI, R/O- VILLAGE - LETEKU CHAPORI, P.O- LETEKUJAN, NUMALIGARH RURAL, P.S- GOLAGHAT, DISTRICT- GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SMTI SABITA ROY W/O- KAJAL ROY R/O- VILLAGE - LETEKU CHAPORI P.O- LETEKUJAN P.S- GOLAGHAT DISTRICT- GOLAGHAT ASSAM Advocate for the Petitioner : MR. D BHUYAN, D REGON Advocate for the Respondent : PP, ASSAM, DARAK ULLAH, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.02.2026 Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam as well as Mr. Darak Ullah, learned Amicus Curiae, Page No.# 2/2 representing respondent no. 2. This is an application filed under Section 482 of the BNSS, 2023 by the petitioner, namely, Abdul Azad Ali @ Azad Ali, praying for pre-arrest bail in respect of Numaligarh P.S. Case No. 108/2025. A 16 (sixteen) years old girl had allegedly sexually abused by the petitioner. In her statement, recorded under Section 183 of the BNSS, 202, she has implicated the present petitioner. Mr. Ullah has relied upon a judgment of the Hon’ble Supreme Court that was rendered in the case of Sumitha Pradeep v. Arun Kumar C.K. & Anr., reported in 2022 Supreme (SC) 1239. I have considered the submissions made by the learned counsel for both sides. The victim has implicated the present petitioner. In a similar situation, the judgment passed by the Hon’ble Supreme Court also set aside the judgment of the Kerala High Court. Under the given circumstances, this court is of the opinion that this is not a fit case for exercising power under Section 482 of the BNSS. Therefore, the present application for pre- arrest bail is rejected. Accordingly, the bail application is dismissed and disposed of. Case diary shall be returned. JUDGE Comparing Assistant