Page No.# 1/3 GAHC010038342026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/404/2026 NUR JAMAL ALI ALIAS NURJAMAN ALI S/O SHAHJAHAN ALI R/O VILL- KATHALDI PT.I, P.S. BILISIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SAKINA BEGUM W/O FAJAR ALI R/O VILL- KAZIPARA PT.III P.S. CHAPAR DIST. DHUBRI ASSA Advocate for the Petitioner : MR. A CHAUDHURY, MR. B.H. TAPADAR,A.ISLAM,MR. D BORA,MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM, MS ADRITA BHUYAN BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 Heard Mr. N Mahajan, the learned counsel appearing for the petitioner. Also heard Mr. K K Das, the learned Additional Public Prosecutor, Assam and Ms. A Bhuyan, the learned Page No.# 2/3 counsel appearing for the respondent No.2. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Chapar P.S. Case No.12/2026 under Section 65(1) of the BNS, 2023 read with Section 6 of the POCSO Act. 3. The girl, who was born on 13.01.2011, was in love with the present petitioner. In the FIR dated 24.01.2026, it was alleged that the petitioner had enticed the girl and had sexual relationship with her. This was not known to the guardian of the girl. Later on, when they came to know about the matter they lodged an FIR before police. 4. Mr. Das has submitted that since the girl is 15 years of age, the bar under Section 482 (4) of the BNS, 2023 would come to play. 5. Referring to a judgment of the Hon’ble Kerala High Court reported in 2023 SCC Online KER 8345, Mr. Bhuyan has submitted that a conjoint reading of Section 438(4), 60(A), 41 and 526 IPC reveal the bar under Sub-section (4) of the Section 482 of the BNS, 2023 would attract only in the case where information received by the police regarding the offence committed by the accused is credible and based on that credible information there are reasons to be believed that the accused has committed the offence. 6. The Kerala High Court further held that in the case, where any prima facie materials exist warranting arrest of the accused, the bar under Section 482 (4) of the BNS, 2023 is not attracted and that the Court has no power to grant pre-arrest bail. 7. Mr. Mahajan has submitted that the relationship between the petitioner and the girl was a consenting relationship and no force was applied. 8. I have gone through the statements of the girl recorded under Section 183 of the BNS, 2023. From the statements, it appears that the girl was a consenting party. She has submitted that the photographs taken by the petitioner would be uploaded in social media, if she did not marry him. 9. I have given my anxious consideration to the submissions made by the learned counsel of both sides. 10. From the statements of the girl, it appears that no force was applied by the petitioner. Page No.# 3/3 The girl appears to be a consenting party. 11. Under these circumstances, this Court is of the opinion that no prima facie materials exist warranting arrest of the accused and therefore, the bar under Section 482 (4) of the BNSS, 2023 would not be applicable. 12. Under these circumstances, the bail application is allowed. 13. It is hereby directed that in the event of arrest in connection of Chapar P.S. Case No.12/2026, the petitioner Nur Jamal Ali Alias Nurjaman Ali shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the arresting authority. The bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant