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2025 Supreme(Online)(Gau) 7301

GAUHATI HIGH COURT
MRS. JUSTICE SHAMIMA JAHAN, J
JABIR UDDIN AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
For the Appellants/Petitioners: MR. S C BISWAS, MS A DAS, MS. U NANDA, MS A BORAH, MS. J GHOSH, MR. A K DAS
For the Respondents: PP, ASSAM, MR. K MIRA (R-2)

ORDER

12.08.2025 Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor as well as Mr. K. Mira, learned counsel for the respondent No. 2.

This is an application filed under Section 482 BNSS, 2023 by which the petitioner has prayed for pre-arrest bail in connection with Badarpur P.S Case No. 220/2024 corresponding to G.R Case No. 1615/24 registered under Section

87/70(2) of BNS read with Section 6 of the POCSO Act , 2012.

The FIR dated 15.08.2024 reveals that while the daughter of the informant was returning along with her friends, the petitioners forcefully took her into a vehicle and closed the door and that for long period, the petitioners man-handled his daughter and forcefully tried to establish relation one by one and had outrage the modesty of the said victim.

Mr. S.C. Biswas, learned counsel for the petitioner submits before this Court that in the FIR there are no ingredients of Section 6 of the POCSO Act much less Section 17(2) of BNS , 2023. He as such submits that although there is a bar in Section 4 82 (4) wherein, it is provided that provisions of Anticipatory Bail would not be available in cases under Section

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