Page No.# 1/3 GAHC010031422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/381/2025 MD RUPSAN ALI @ MD RUPCHAN ALI S/O LATE SAHAJAMAL HAQUE R/O VILL- 2 NO. DHARIAKHAITI P.O. RANGAMATI PS. MANGALDAI DIST. DARRANG, ASSAM PIN-784125 VERSUS THE STATE OF ASSAMA AND ANR REPRESENTED BY THE PP, ASSAM 2:MD. FAJAR ALI S/O LATE SURUJ ALI R/O VILL- 2 NO. DHARIAKHAITI P.O. AULACHOWK P.S. MANGALDAI DIST. DARRANG ASSAM PHONE NO. 95314-55649 PIN- 784125 Advocate for the Petitioner : MR A H AHMED, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.02.2025 1. Heard Mr. A. H. Ahmed, the learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application has been filed under Section 482 of the BNSS, 2023 by the petitioner, namely, Md. Rupsan Ali @ Md. Rupchan Ali, who is apprehending his arrest in connection with Special (POCSO) Case No.13/2023 arising out of Mangaldai P. S. Case No. 335/2018. 3. The learned counsel for the petitioner has submitted that the petitioner has been shown as an absconder in the charge sheet and the bailable warrant of arrest has been issued against him on 10.12.2024 by the Court of learned Special Judge, Darrang in Special (POCSO) Case No.13/2023. 4. He submits that as the petitioner has been shown an absconder, he apprehends that he may be detained if he appears before the Trial Court. 5. On the other hand, the learned Additional Public Prosecutor submits that as only bailable warrant has been issued against the petitioner, there is no apprehension of getting detained in connection with the said case. 6. Hence, he submits that this is a fit case to grant anticipatory bail to the present petitioner. 7. I have perused the materials available on record. 8. Since only bailable warrant has been issued against the present petitioner by the Trial Court, there appears to be no apprehension of petitioner getting detained. Page No.# 3/3 9. Hence, this Court is of the considered that is not a fit case where the relief under Section 482 of the BNSS, 2023 may be granted. 10. This anticipatory bail application is therefore, rejected. JUDGE Comparing Assistant