Page No.# 1/3 GAHC010075012026 2026:GAU-AS:7548 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/801/2026 NUR NAVI AZAD ALIAS NOOR NOBI AZAD SON OF MD. RUMI AHMED, RESIDENT OF VILL- ALITANGANI,P.O. ALITANGANI, P.S. JURIA,DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:MS X ((NAME IS REDACTED) D/O MOFIDUL ISLAM RESIDENT OF VILL- ALITANGANI P.O. ALITANGANI P.S. JURIA DIST. NAGAON ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, R MALI,MD A RAHMAN,A MISHRA,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-06-2026 1. Heard learned counsel Mr. S. Nawaz for the petitioner Nur Navi Azad Page No.# 2/3 @Noor Nobi Azad 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 Juria Police Station Case No. 62/2026 under Sections 8/12 of the POCSO Act, 2012. 2. Heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State and learned Amicus Curiae Mr. A. Phukan for the respondent No. 2. 3. I have considered the submissions at the Bar with circumspection. 4. It is submitted by the learned counsel for the petitioner that the victim resides in Abu Bakkar Siddik's house. It is submitted that the petitioner had filed this case under the N.I. Act being N.I. Case No. 81/2021, against Abu Bakkar Siddik. After filing this complaint, Abu Bakkar Siddik kept requesting the petitioner to settle the case. When the petitioner did not settle the case, a false case has been brought up by the victim who resides in Abu Bakkar Siddik's house and works there as a maid. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. Learned Amicus Curiae has also raised objection stating that the victim is a minor aged 17 years. 6. I have scrutinized the Case Diary. Investigation has progressed to a certain extent. Indeed there is an allegation of molestation by the petitioner. However, it appears that custodial interrogation may not be required. The petitioner has pledged to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. 7. Considering all aspects, petition 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 Page No.# 3/3 under the conditions that: (i) The petitioner shall appear before the Investigating Officer within 1 (one) week and co-operate with the investigation, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) The petitioner shall refrain from such activities with which he is alleged, and (iv) The petitioner shall not exercise threats to the witnesses. 8. 8. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 9. In terms of the above observation, this anticipatory bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant