Page No.# 1/4 GAHC010050202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/576/2025 ROFIQUL ISLAM S/O- ABDUL JALIL MIAH R/O- VILL- NILOKHIA PT I,P.O. NILOKHIA, P.S. SUKCHAR DIST. DHUBRI, ASSAM PIN-783128 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SK. ABDULLAH S/O ABDUS SOWAHAN MIAH VILL-NILOKHIA PART-I P.O.NILKHIA P.S. SUKCHAR DIST. DHUBRI ASSAM PIN-78312 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, MR. A A R KARIM(R-2),MD S A MONDAL(R-2),A ISLAM (R-2),MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.07.2025 1. Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State as well as Mr. S. Das, learned Amicus Curiae appearing for the respondent No. 2 as well as Mr. S. A. Mondal, learned counsel. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Rofiqul Islam, who is apprehending his arrest in connection with Sukchar P.S. Case No. 1/2025 under Sections 127(2)/64(2)(8)/65(2)/351(2) of BNS read with Section 6 of the POCSO Act, 2012. 3. The gist of accusation in this case is that on 04.01.2025, the father of the victim girl had lodged an FIR before the Officer-in-charge of Sukchar Police Station, inter alia, alleging that the petitioner who is working as a teacher in Nilokhia M.E. School has taken four years old minor daughter of the informant to the toilet of the school and she was undressed and thereafter sexually assaulted. It is also alleged in the FIR that the matter was informed by the victim to her mother, who in turn informed the same to the informant. It is also alleged in the FIR that the family members of the petitioner were also informed about the incident who threatened the informant. Further, it is also alleged that a village meeting was also contemplated over the issue which caused dealing in lodging of the FIR. 4. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case by the father of the victim girl. He submits that the alleged incident is reported to have occurred at 1:30 PM when the other staff members of the school and students were there. He also Page No.# 3/4 submits that there is no toilet inside the school campus and it is situated about 30 meters from the school campus. He submitted that the allegation that the petitioner put the victim girl inside the said toilet is also not true. He submits that the petitioner is a teacher and if he is arrested in this case his service career will be jeopardized. 5. He further submits that the petitioner is ready to co-operate in the investigation and, therefore, prays for allowing the petitioner to go on bail. 6. On the other hand, learned Amicus Curiae appointed by the Court as well as learned Additional Public Prosecutor have vehemently opposed the grant of bail to the petitioner. 7. The learned Additional Public Prosecutor has placed the case diary of Sukchar P.S. Case No. 1/2025 and has indicated that there are sufficient incrementing materials in the case diary as revealed from the statement of witnesses who have been implicated the petitioner in this case. He also submits that the victim was, in fact, aged about 3 years, 10 months and 18 days and at this tender age has clearly indicated the petitioner in her statement under Section 183 of BNS as well as 180 of BNS. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary which has been produced by the learned Additional Public Prosecutor. 9. On perusal of the case diary, it appears that there are sufficient incriminating materials which shows the complicity of the petitioner in the offence alleged in the FIR. Coupled with the above fact, considering the nature of the offence involved in this case, this Court is of considered opinion that this is not a fit case where the benefit of Section 482 of BNSS may be granted to the Page No.# 4/4 petitioner at this stage. Hence, the prayer for anticipatory bail of the petitioner is hereby rejected. 10. Send back the case diary. JUDGE Comparing Assistant