Page No.# 1/4 GAHC010078052026 2026:GAU-AS:8201 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/831/2026 SHAJAHAN ALI ALIAS SAJAN ALI S/O LATE SAHAB UDDIN AHMED, R/O KHAKHALIPARA, PS MATIA, DIST GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ANJUMA BEGUM W/O NUR AMIN HAQUE R/O KHAKHALI PARA PS MATIA DIST GOALPARA ASSA Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MS. S NEWAR BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 10-06-2026 Heard Mr. F Haque, the learned counsel for the petitioner. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State Page No.# 2/4 respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Matia P.S. Case No. 27/2026 u/s 75(2)/74 of Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 8 of POCSO Act. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Haque that the present accused/petitioner is innocent and has not committed any such offence as alleged in the FIR. He is a 57 years old person and the concocted FIR has been lodged against him only to avoid him returning Rs. 12,000/- which was taken by the informant as a loan from the petitioner. He further submitted that the petitioner deals with business only and the informant asked a loan of Rs. 12,000/- for his financial constraint and considering his prayer the loan was given by the petitioner. But, thereafter without returning the loan amount the informant has lodged a false case against him. He further submitted that there was also a delay of 16 days in lodging the FIR without giving proper explanation with regard to delay. However, he is ready and willing to extend his cooperation in further investigation of this case, if he is granted with some interim protection. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that in the Case Diary there is no mention about any loan taken by the informant and the victim had given her statement u/s 183 BNSS describing as to how she was sexually assaulted by the petitioner. She is only a 13 years old child and considering all these aspects of this case, the prayer for interim pre- arrest bail may not be considered at this stage. Page No.# 3/4 6. Ms. S Newar, the learned Amicus Curiae for the respondent no. 2 also submits that there may be delay in lodging the FIR as the victim was under tremendous pressure and also for the poverty of the victim she may not be in a position to report the matter immediately to her parents and also the petitioner is a resident of same village. So considering these aspects of the case, vis-à-vis the nature of offence, she raised vehement objection submitting that it is not at all a fit case to grant anticipatory bail to the present petitioner. 7. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary. It reveals that the victim girl has made categorical statement before the learned Magistrate and at the time of recording her statement u/s 183 BNSS she described as to how on 12.03.2026 she was molested by the petitioner taking the advantage of her age. Her statement u/s 183 BNSS was also found consistent. It is further seen that from the statement made by the witnesses as well as from the materials in the Case Diary that though the incident took place on 12.03.2026, out of fear she did not report the matter to her parents and only on 20.03.2026 when she was enquired as she used to remain silent and also frightened when she saw the accused then only she revealed the entire incident and thereafter all the villagers and family members were busy for Id festival, after Id they approached subsequently to the police station with an FIR with a delay of some days and thus there is justifiable reasoning explanation found in the materials in the Case Diary. 8. 8. Considering the entire materials in the Case Diary and the nature and gravity of the offence, this Court is of the opinion that it is not at all a fit case to extend the privilege of pre-arrest bail to the present petitioner and accordingly the same stands rejected. Page No.# 4/4 In view of above, this Anticipatory Bail application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant