Page No.# 1/3 GAHC010030122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/396/2025 HABIJUR RAHMAN @ HAFIZUR RAHMAN S/O BILLAL HUSSAIN R/O BAGEKHAITI P.S.ABHAYAPURI DIST.BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:HANIF ALI AHMED S/O LT. ZAHAR ALI VILL-GOALPARA PART-I P.O. GOLAPARA P.S. ABHAYAPURI DIST.BONGAIGAON ASSAM PIN-783384 MOBILE NO. 700216719 Advocate for the Petitioner : MR. B B GOGOI, MR. S HANDIQUE,S. HUSSAIN,MR. A S CHOUDHURY Advocate for the Respondent : PP, ASSAM, MS. D SAIKIA,Amicus Curiae,(R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Page No.# 2/3 22.04.2025 Heard Mr. B. B. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor appearing for State respondent No.1 and Ms. D. Saikia, learned Amicus Curiae appearing for respondent No.2. This is an application filed under Section 482 BNSS, praying for pre- arrest bail by the petitioner, namely, Habijur Rahman @ Hafizur Rahman, in connection with Abhayapuri PS Case No. 90/2024 and GDE No. 336 under Section 354(C) of IPC R/W Section 15 of POCSO Act pending before Additional District & Session Judge, Abhayapuri. The matter relates to uploading of some obscene photograph of the victim girl. It is submitted by the learned counsel for the petitioner that though the case was earlier registered under Section 67/67(A) of IT Act but charge-sheet has been laid under Section 354© IPC and Section 15 of POCSO Act. It is further submitted that the petitioner expressed his willingness to get married with the victim girl but the father of the victim refused such proposal of marriage with the petitioner. In view of the above, benefit of pre-arrest bail may be extended to the petitioner. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor submits that as charge-sheet has been laid, the petitioner may approach before the trial court. Ms. D. Saikia, learned Amicus Curiae has also submitted in the same tune that the petitioner may appear before the trial court seeking regular bail. Page No.# 3/3 In view of the submission of learned counsel for the parties and as it appears that charge-sheet has been laid and cognizance has also been taken against the petitioner under Section 354(C) and Section 15 of POCSO Act, the petitioner is directed to approach before the trial court within 15 days from today and in the event of filing any bail application, the trial court shall consider the matter in accordance with law. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant