Page No.# 1/3 GAHC010014672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/182/2025 ROBIUL HUSSAIN @ ROBIUL ALI S/O AJGOR ALI R/O VILLDAMPUR CHOKAMA P.O. DAMPUR P.S.HAJO DIST.KAMRUP, ASSAM PIN-781102 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:NIJARA BIBI W/O LATE NUR MOHAMMAD ALI R/O VILL- DAMPUR CHOKAMA P.O. DAMPUR P.S.HAJO DIST. KAMRUP ASSAM PIN-78110 Advocate for the Petitioner : MR. A MOBARAQUE, Advocate for the Respondent : PP, ASSAM, MR. M H LASKAR, AMICUS CURIAE(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.02.2025 1. Heard Mr. A. Mobaraque, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. M. H. Laskar, the learned Amicus Curiae appearing for the respondent No. 2. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Robiul Hussain @Robiul Ali, who is apprehending his arrest in connection with Hajo P.S. Case No. 18/2025, under Section 65(1) of the BNS, 2023 read with Section 4(2) of the POCSO Act, 2012. 3. The gist of accusation in this case is that on 13.01.2025, the mother of the victim girl had lodged an FIR before the Officer-In-Charge of Hajo P.S., inter alia, alleging that the petitioner has committed rape on her minor daughter and also threatened her not to disclose the matter before anyone. 4. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in the FIR and the allegations made against him in the FIR are not true. He submits that a false case has been lodged by the informant on the instigation of some anti-social elements. 5. It is further submitted by the learned counsel for the petitioner Page No.# 3/3 that the petitioner is ready to cooperate in the investigation. 6. On the other hand, Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. M. H. Laskar, the learned Amicus Curiae appearing for the respondent No. 2 has vehemently opposed the grant of the bail to the petitioner on the ground that there are sufficient incriminating materials against the present petitioner in the Case Diary. 7. The learned Additional Public Prosecutor has also produced the Case Diary of Hajo P.S. Case No. 18/2025 before this Court. 8. I have considered the submissions made by the leaned counsel for both the sides and have perused the materials on record, including the Case Diary of Hajo P.S. Case No. 18/2025. On perusal of the Case Diary which includes the statement of the victim girl recorded under Section 183 of the BNSS, it appears that there are sufficient incriminating material against the present petitioner therein, which does not justify the grant of anticipatory bail to the present petitioner at this stage. 9. In view of the above, the prayer for anticipatory bail is rejected. 10. Send back the Case Diary. 11. This anticipatory bail is accordingly dismissed. JUDGE Comparing Assistant