Page No.# 1/3 GAHC010066842026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/720/2026 AZADUL ALI S/O SHOWAB ALI R/O JAMLAI P.S. NAGARBERA DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAHIRUN BIBI D/O MOIJUDDIN ALI R/O MOIRACHARA P.S. BOKO DIST. KAMRUP ASSA Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE (R2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2026 Page No.# 2/3 1. Heard learned counsel Mr. A. Paramanik for the petitioner Azadul Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Boko Police Station Case No. 26/2026 under Sections 140(3)/64(1) of the BNS R/W Section 4/14(2) of the POCSO Act. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State and learned Amicus Curiae Ms. T. Parashar for the respondent No. 2. 3. It is submitted on behalf of the petitioner that the petitioner is willing to co- operate with the trial. The petitioner has not admitted of having committed any offence under the POCSO Act. The petitioner did not kidnap the victim. 4. Serious objections have been raised from the respondent's side stating that there are incriminating materials in the Case Diary against the petitioner. 5. I have scrutinized the Case Diary. 6. The merits of the case are not brought to the fore as investigation is still under progress. 7. It appears that anticipatory bail may be granted to the petitioner. 8. Considering the entire aspect of the matter, the petition with prayer for anticipatory bail is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioner shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation, (ii) The petitioner shall not exercise threats to Page No.# 3/3 the witnesses, and (iii) The petitioner shall not leave the jurisdiction of the court without prior permission. 9. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 10. In terms of the above observation, this application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant