Page No.# 1/2 GAHC010061582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/676/2025 MOHESH TURI @ MAHESH MIRDHA S/O BABULAL TURI R/O CHAKALATING HABI P.S. PULIBOR, DIST. JORHAT, ASSAM PIN-785006 MOBILE NO. 8011207370 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT. NAMI KALINDI W/O SRI DILIP KALINDI R/OCHAKALATING HABI P.S. PULIBOR, DIST. JORHAT, ASSAM, PIN-785006 MOBILE NO. 690180215 Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MR. A AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2025 Heard Mr. A Ahmed., the learned counsel appearing for the petitioner. Also heard Mr. B. Page No.# 2/2 Sarma, the learned Additional Public Prosecutor for the State of Assam as well as Ms. Barnita Choudhury, the learned Amicus Curiae appearing for the respondent No.2. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Pulibor P.S. Case No. 41/2025. 3. The allegation brought against the petitioner is that he had sexually assaulted a physically handicapped minor girl. Police registered the case under Section 8 of the POCSO Act. 4. The medical report available in the case diary shows that the victim was subjected to penetrative sexual assault. 5. Mr. Ahmed submits that the FIR was lodged at a belated stage. Moreover, the victim girl never claims to have been subjected to penetrative sexual assault at all. 6. Deliberating upon the provision of Section 482 of the BNSS, 2023, Mr. Ahmed submits that the scope of granting anticipatory bail has been enlarged by the statute enacted by the legislature. 7. Mr. Sarma, on the other hand, submits that the victim was a physically handicapped minor girl and she was under traumatic condition when she gave statement before the Magistrate. Ms. Choudhury has supported the submissions made by Mr. Sarma 8. I have considered the submissions made by the learned counsels of both sides. 7. There is no doubt that a physically handicapped minor girl was subjected to sexual assault. The said act itself states that this is not a fit case for exercising the power under Section 482 of the BNSS, 2023. Therefore, the pre-arrest bail application is found to be devoid of merit and stands dismissed and disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant