Page No.# 1/4 GAHC010007652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/114/2025 ANIL CHANDRA NATH S/O LATE PRIYA RAM NATH RESIDENT OF VILLAGE NABHETI, WARD NO. 9, PO AND PS AND DIST MORIGAON, ASSAM 782105 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:SMTI SWAPNA BHARALI W/O KAMALESWAR BHARALI RESIDENT OF VILLAGE DOLOICHUBA PS AND DIST MORIGAON ASSA Advocate for the Petitioner : MR M J QUADIR, MS. L WAJEEDA,MR. A K HANNAN,MR. N ISLAM,N SARMAH Advocate for the Respondent : PP, ASSAM, MR. M H LASKAR(AMICUS CURIAE)(R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.02.2025 1. Heard Mr. M.J. Quadir, the learned counsel for the petitioner. Also Page No.# 2/4 heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam, as well as Mr. M.H. Laskar, the Amicus Curiae appearing for the respondent No. 2/informant. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Anil Chandra Nath, who is apprehending their arrest in connection with Morigaon P.S. Case No. 352/2024, under Section 75(2)/78(2) of BNS, 2023 read with Section 10/12 of the POCSO Act, 2012. 3. The gist of accusation in this case is that the mother of the victim girl had lodged an FIR on 26.12.2024, before the Officer-In-Charge of Morigaon Police Station, inter-alia, alleging that her daughter is a student of Class-X of Doloichuba High School, where the petitioner is working as the Headmaster. It is alleged that about four months prior to the lodging of the FIR, the daughter of the informant was sexually harassed in various ways. 4. It is further stated that out of shame, the victim did not disclose the matter to anybody else. It is further stated in the FIR that the petitioner has not only subjected the daughter of the informant to sexual harassment, but he is doing so with other students also. 5. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. He submits that the petitioner has been transferred to the aforesaid school only one year back and after his transfer as Headmaster, he found some irregularities and anomalies of the fellow teachers and therefore, he lodged a formal Page No.# 3/4 complaint about the teaching staff of the said school before the Inspector of School, Morigaon. He submits that as a counter-blast to the complaint filed by the present petitioner against the fellow teachers, this false FIR has been lodged by concocting a story against the petitioner. 6. On the other hand, the learned Additional Public Prosecutor, Mr. K.K. Das has produced the Case Diary of Morigaon P.S. Case No. 352/2024, and he has vehemently opposed the grant of bail to the present petitioner on the ground that there are sufficient incriminating materials against the present petitioner in the Case Diary. 7. On the other hand, Mr. M.H. Laskar, the learned Amicus Curiae appearing for the respondent No. 2/informant has also opposed the grant of anticipatory bail to the present petitioner on the ground that the offence involved in this case is serious in nature and the petitioner has not only subjected the present victim to sexual harassment, but he is doing so with other students also. 8. I have considered the submissions made by the learned counsel for the parties and have gone through the materials available on the record. I have also gone through the statement of the victim girl recorded under Section 183 of the BNSS, 2023, as well as the statement of other victims, in which they have clearly implicated the present petitioner of subjecting them to sexual harassment in the school. 9. Considering the nature of offence involved in this case, as well as clear implicating materials against the present petitioner, this Court is of the considered opinion that this is not a fit case to grant anticipatory bail Page No.# 4/4 to the petitioner at this stage. 10. Hence, the prayer for anticipatory bail is rejected. 11. This anticipatory bail application is accordingly dismissed. 12. Send back the Case Diary. JUDGE Comparing Assistant