Page No.# 1/2 GAHC010070112026 2026:GAU-AS:5174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/742/2026 SOPOON RAHMAN SAIKIA SON OF SHRI BHUBAN SAIKIA R/O MARIANI NIZORAPAR,P.O. AND P.S. MARIANI, DIST. JORHAT, ASSAM PIN-785634 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SHRI KIRTI KAMAL SAIKIA S/O KRISHNA KAMAL SAIKIA DEBERAPRA OUT POST MARIANI DIST. JORHAT ASSAM PIN-785634 Advocate for the Petitioner : MR. P D NAIR, S RANA,MR. H ROHMAN,MR G ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.04.2026 Heard Mr. G. Alam, learned counsel for the petitioner. Also heard Mr. R.J. Page No.# 2/2 Baruah, learned APP for the State. This is an application filed under Section 482 of the BNSS, 2023, seeking the pre-arrest bail on behalf of the petitioner, namely, Shri Sopoon Rahman Saikia, in connection with Mariani P.S. Case No. 113/2025, registered under Sections 72/3(5) of the BNS, 2023, read with Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 23 of the Protection of Children from Sexual Offences Act, 2012. The offence under Section 23 of the POCSO Act is punishable with imprisonment for a term which shall not be less than six months but which may extend to one year, or with fine, or with both. Similarly, Section 74 of the Juvenile Justice (Care and Protection of Children) Act provides for punishment which may extend to six months, or fine which may extend to Rs. 2 lakhs, or with both. In the absence of any specific provision in either of the aforesaid enactments rendering the offences non-bailable, and in view of the provisions of the CrPC/BNSS, the offences are to be treated as bailable. Consequently, the present application under Section 482 of the BNSS seeking pre-arrest bail is not maintainable. Since the offences are bailable, it is needless to observe that, in the event the Investigating Officer intends to proceed against the petitioner, he shall do so in accordance with the relevant provisions of the CrPC/BNSS. The application stands closed accordingly. JUDGE Comparing Assistant