Page No.# 1/3 GAHC010102182026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1082/2026 ABDULLAH AJIJUL HOQUE ALIS AJIJUL HAQUE S/O DANESH ALI R/O- MAMUDPUR PART -1, P/S- MATIA, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MAKBUL HUSSAIN S/O LT MALEK UDDIN SHEIKH R/O- VILL- MAMUDPUR PART-1 PS- MATIA DIST- GOALPARA ASSA Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MS. P DAS,MR. J K ROY(R2),S KALITA(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07. 08.2026 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. Also heard Ms. P. Das, learned counsel for the respondent No. 2. Page No.# 2/3 2. This is an application under Section 482 of BNSS, 2023, for granting pre- arrest bail to the petitioner namely Abdullah Ajijul Hoque @ Ajijul Haque apprehending arrest in connection with Matia P.S. Case No. 40/2026 under Sections 64(1)/ 351(2) BNS, 2023 read with Section 6 of the POCSO Act. 3. The allegation made against the petitioner is that the petitioner lured the informant daughter aged about 17 years and cohabited with her in the house of the petitioner without their knowledge. 4. It is submitted by the learned counsel for the petitioner that the present is a case of love affair and the petitioner himself was aged about 19 years at the time of the incident. 5. The learned counsel appearing for the informant opposed the prayer for pre-arrest bail at this stage as the trial is yet to commence and the petitioner may try to hamper the same. The learned counsel for the informant has also produced a photo copy of a notice issued by the Principal Magistrate, JJB, Goalpara to a witness in a case wherein the present petitioner is an accused and the said notice is dated 02.02.2026 which shows that the petitioner has criminal antecedents and the said fact has not been stated in the instant petition. 6. From the material on record it appears that the victim has stated to have had sexual intercourse with the accused on multiple occasions and the accused has also assured to marry her but thereafter he refused and stated that he would marry some other girl and the victim therefore suffered from mental depression and also attempted to commit suicide but did not succeed. 7. Furthermore, the petitioner has suppressed the fact of criminal case pending before the Principal Magistrate, JJB, Goalpara, being JJB Case No. 21 of 2024 in the present pre-arrest bail application. It has been held by the Hon’ble Page No.# 3/3 Apex Court in Zeba Khan State of Uttar Pradesh: 2026 INSC 144 that suppression of criminal antecedents disentitles the petitioner to the grant of bail. 8. Having regard to the above, the prayer for pre-arrest bail stands rejected. 9. The petition stands dismissed. JUDGE Comparing Assistant