Page No.# 1/3 GAHC010032372026 2026:GAU-AS:13724 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/373/2026 ABUL KASHEM ROHMAN S/O AJIJUR RAHMAN R/O VILL- KHUDIGAON PT.III, P.O. LAKHIGANJ, P.S. BILASIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BASER ALI SON OF GANI MANDOL R/O VILL- BOYOJER THALAGA PT-VIII P.S. FAKHIRGANJ DIST. DHUBRI ASSAM Advocate for the Petitioner : A.ISLAM, A S CHOUDHURY,MR. B.H. TAPADAR Advocate for the Respondent : PP, ASSAM, MS. M K BROWN Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 16.09.2026 Heard Mr. A Islam, learned Senior Counsel appearing for the petitioner. Also heard Mr. M P Goswami, learned Addl. Public Prosecutor, Assam for the State respondent No. 1, as well as Ms. M K Brown, learned Amicus Curiae, representing respondent No. 2. 2. This is an application filed under Section 482 of the BNSS, 2023, by the petitioner, namely, Abul Kashem Rohman, praying for pre-arrest bail, apprehending his arrest in connection with Bilasipara P.S. Case No. 327/2025, under Section 8 of the POCSO Act. 3. Although this Court had called for an updated scanned copy of the TCR, the records so far made available to the Court do not contain the statement of the victim recorded under Section 183 of the BNSS. However, it appears from the TCR that the charge-sheet has already been submitted and the case has now been registered as Special POCSO Case No. 35/2026. 4. As per the allegations made in the FIR, the petitioner allegedly tried to commit rape upon the victim, but due to the arrival of the local people, the accused fled from the place of occurrence. Page No.# 3/3 5. Although the statement of the victim recorded before the Magistrate is not available in the TCR, her statement recorded before the police is available and has been perused. 6. Having regard to the nature of the allegations and the fact that the investigation of the case is over, I am of the view that it may not be necessary to take the petitioner into custody for the purpose of the trial. 7. Accordingly, the prayer for pre-arrest bail is allowed. The order of interim pre-arrest bail dated 01.04.2026 is hereby made absolute on the following conditions: 1. The petitioner shall not try to approach, influence or intimidate the victim or her family members. 2. The petitioner shall regularly participate in the trial, once it commences against him. 8. The bail petition stands disposed of accordingly. JUDGE Comparing Assistant