Page No.# 1/3 GAHC010283042025 2026:GAU-AS:1917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2992/2025 SURJUL ALI ALIAS SIRAJUL ALI S/O TAIJUDDIN AHMED R/O PANIKHAITI BILARJAN P.O. MAHTOLI, P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SAHIDUL ISLAM S/O MAHAJAN ALI R/O GOROIMARI BILARJANP.O. MAHATOLI P.S. BOKO DIST. KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MR N AHMED, MS. S DEVI Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 11.02.2026 Heard Mr. N. Ahmed, learned counsel appearing for the accused applicant. Page No.# 2/3 Also heard Mr. DP Goswami, learned Additional Public Prosecutor appearing for the State respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicant in connection with Boko P.S. Case No.326/2025 registered under Sections 137(2)/70(2)/351(3)/3(5) of the BNS, 2023 read with Section 6/14(2)/15(2) of the POCSO Act read with Section 67(B) of the IT Act. 3. On the basis of an FIR lodged on 21.10.2025 by the informant, alleging that his daughter, who is a minor girl aged about 15 years, was forcefully taken by the accused applicant to an isolated place beside the river Brahmaputra and raped her and captured the video in a mobile phone. Thereafter, the accused persons including the accused applicant, namely, Surujul Ali @ Sirajul Ali took her daughter again to the house of one Sabour Uddin, the accused no. 2 and after raping her, captured the video in a mobile. The accused persons uploaded the same video in WhatsApp Group of Mahtoli Panchayat Samabai Samittee at about 10-12 days back and thereby made it viral. After coming to know about the incident, the informant was questioned and the minor girl has disclosed the whole incident to the informant. It was alleged that the accused persons threatened the minor daughter, that's why the minor daughter did not disclose about the incident at earlier point of time. 4. Mr. Ahmed, learned counsel appearing for the accused applicant submits that the accused applicant is not connected with the incident and the co- accused in the instant case, namely, Sobur Uddin, the accused no. 2 has already been granted default bail by the learned Special Judge (POCSO), Amingaon. Therefore, he submits that the accused applicant being placed similarly, should also be granted privilege of pre-arrest bail. Page No.# 3/3 5. The learned Additional Public Prosecutor, on the other hand, submits that there are incriminating materials against the accused applicant in the Case Diary. Therefore, at this point of time, the accused applicant should not be granted pre-arrest bail. 6. This Court has gone through the Case Diary that has been placed before this Court as well as heard the submissions made by the learned counsel appearing for the respective parties. Taking into account the whole respect of the matter, this Court is not inclined to grant pre-arrest bail to the accused applicant at this stage. According to the instant AB application is rejected and disposed of. JUDGE Comparing Assistant