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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Manash Ranjan Pathak
Atabur Rahman S/o Late Jonab Ali – Appellant
Versus
State of Assam, Represented By The Public Prosecutor – Respondent
ORDER :
Heard Mr. Mahammad Ali Sheikh, learned counsel for the petitioner and Mr. Bhaskar Sharma, learned Additional Public Prosecutor, Assam for the State, opposite party No. 1. Also heard Ms. Manisha Karen Brown, learned Amicus Curiae for the informant, opposite party No. 2.
2. Apprehending his arrest, the petitioner, namely, Atabur Rahman, son of late Jonab Ali, resident of Village – Sagunbari, Police Station – Moirabari, District – Morigaon, Assam, has filed this application on 27.01.2025 under Section 482 BNSS, seeking pre-arrest in Special (POCSO) Case No. 179/2024 arising out of Dhing Police Station Case No. 162/2024 registered under Sections 61(2)/ 126(2)/137(2)/74/70(2)/109/78 BNS read with Section 6 of the POCSO Act, corresponding to G.R. No. 2960/2024.
3. The Court on 30.01.2025 called for the scanned copy of said Special (POCSO) Case No. 179/2024 and also the copy of Dhing Police Station Case No. 162/2024 from the Court of learned Special Judge (POCSO) -cum- Additional Sessions Judge, Nagaon.
4. Perused the records of the case.
5. The petitioner is a charge-sheeted accused in Special (POCSO) Case No. 179/2024 arising out of Dhing P.S. Case No. 162/2024 under Sections 61(2)/1
Anticipatory bail cannot be granted in serious POCSO cases without considering the prima facie evidence against the accused and the severity of the charges.
Pre-arrest bail denied in serious offences of abduction, assault and robbery where petitioners named by co-accused, custodial interrogation needed for ongoing investigation with recoveries pending, a....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The exclusion of pre-arrest bail under Section 438(4) Cr.P.C. is not absolute; it does not apply when no prima facie case is made against the accused.
Pre-arrest bail is a privilege, not a right, and must be granted only in exceptional circumstances, considering the gravity of accusations.
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