Page No.# 1/2 GAHC010081272026 2026:GAU-AS:7045 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/884/2026 SURYAT ALI ALIAS SURJAT ALI S/O KORPAN ALI R/O VILL- BHULUKBARI, P.S. BARPETA DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AFJAL HUSSAIN S/O LALCHAN MIYA R/O VILL- BHULUKBARI P.S. BARPETA DIST. BARPETA ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE (R2) Page No.# 2/2 BEFORE HONOURABLE MR. JU:: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 21.05.2026 Heard Mr. HRA Choudhury, learned senior counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam as well as Ms. T. Parasar, the learned Amicus Curiae representing Respondent No.2. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Barpeta P.S. Case No.103/2026 under Sections 65(2)/62 of BNS read with Section 8 of POCSO Act. 3. A 10 year old girl was allegedly sexually abused by the petitioner Suryat Ali. 4. I have gone through the statement of the said 10 year old girl as well as the Case Diary. 5. I have considered the submissions made by the learned counsels of both sides. 6. This Court is of the opinion that the provision of law as contained in Section 482 of the BNSS, 2023 is not intended to be used for persons like the present petitioner. The victim girl has implicated the petitioner in her statement recorded under Section 183 of the BNSS, 2023. The petitioner does not deserve to be released on pre-arrest bail. His pre-arrest bail application is rejected and disposed of accordingly. Case Diary shall be returned. JUDGE Comparing Assistant