Page No.# 1/3 GAHC010189792026 2026:GAU-AS:13046 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/921/2026 ASHIQUE RABBANI ALIAS RABUL HUSSAIN S/O KHAIRUL ISLAM, PERMANENT RESIDENT OF VILLAGE PUB- NEKERAHABI, P.O. JAGI BHAKATGAON, P.S. MAYONG, DISTRICT MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NASIR UDDIN S/O LATE ALTAB ALI R/O VILLAGE NEKERAHABI P.S. MAYONG DISTRICT MORIGAON ASSA Advocate for the Petitioner : MR. K M HASSAN, MR. A B ACONDA,MR. J A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 08.09.2026 Mr. J.A. Ahmed, learned counsel for the applicant, has submitted that the order dated 28.08.2026 passed in AB No.1728/2026 did not refer to the details of the police Page No.# 2/3 case in connection with which the petitioner had sought anticipatory bail. The learned Additional Public Prosecutor has submitted that inclusion of the case particulars in the order dated 28.08.2026 will not change the nature of the order passed in AB 1728/2026. Accordingly, having considered the materials on record, the order dated 28.08.2026 is hereby modified to include the words “the petitioner has prayed for anticipatory bail in connection with Mayong Police Station Case No.40/2026 under Sections 126(2)/296/74 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with added Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and subsequent charge-sheet No.44/2026 dated 10.07.2026 under Sections 126(2)/296/74 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012” appearing after the words “learned Amicus Curiae” in the first paragraph and before the word “it is submitted by the learned Additional Public Prosecutor” in the second paragraph. The entire order shall now read as follows:- “Heard Mr. A.B. Aconda, learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor appearing for the State as well as Ms. M.K. Brown, learned Amicus Curiae. The petitioner has prayed for anticipatory bail in connection with Mayong Police Station Case No.40/2026 under Sections 126(2)/296/74 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with added Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and subsequent charge-sheet No.44/2026 dated 10.07.2026 under Sections 126(2)/296/74 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 It is submitted by the learned Additional Public Prosecutor that it was already recorded in the earlier order dated 18.08.2026, that charge-sheet has been submitted. Since the investigation has culminated in the charge-sheet, there would not be any apprehension of arrest of the petitioner. The learned counsel for the petitioner has submitted that the petitioner may be arrested on his appearance before the learned Special Judge, Morigaon. The petitioner is yet to receive the summons to appear before the Trial Court. Since there is no apprehension of arrest by the Investigating Authority, this Court grants Page No.# 3/3 liberty to the petitioner to approach the appropriate forum in case of receipt of summons to face the trial. Anticipatory bail application stands disposed of” I.A. stands disposed of. JUDGE Comparing Assistant