Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 26/03/2025 Heard Mr. M K Hussain, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. M Rahman, learned counsel for the informant/respondent No. 2.

2. Pursuant to the order dated 20.03.2025, the Officer-in-Charge of Juria Police Station, namely, Sri Pragyan Gogoi as well as the Investigating Officer of said Juria P.S. Case No. 138/2024, namely, Sri Pinku Phukan, Sub-Inspector of Police have personally appeared before the Court today.

3. On instruction, Mr. Goswami, learned Additional Public Prosecutor, Assam submitted that by signal No. Dagaon PP/WT/2024/536-39 dated 10.12.2024, the concerned Investigating Officer of Juria P.S. Case No. 138/2024 informed the Office of the Public Prosecutor of the Gauhati High Court, Guwahati pertaining to the filing of the charge-sheet in said Juria P.S. Case No. 138/2024 vide Charge- Sheet No. 151/2024 dated 31.07.2024, which, however, could not be placed before the Court by the office of the Public Prosecutor, Gauhati High Court, Guwahati inadvertently.

4. Mr. Goswami, learned Additional Public Prosecutor, Assam on instruction also submitted that the subsequent orders of the Court issued from 09.01.2025 to 04.03.2025 were not received by the concerned Investigating Officer since the relevant file of Juria P.S. Case No. 138/2024 has already been submitted before the Court.

5. Mr. Goswami, learned Additional Public Prosecutor, Assam Also submitted that the present Officer-in-Charge of Juria Police Station, Sri Pragyan Gogoi has joined his service in the said Juria Police Station only on 21.03.2025.

6. Considering such submission of Mr. Goswami, learned Additional Public Prosecutor, Assam, both the Police Officers of the State henceforth are directed to comply with the orders of the Court forthwith without any delay and their personal appearance are dispensed with.

7. It is submitted by Mr. Goswami that charge-sheet in said Juria P.S. Case No. 138/2024 has already been submitted on 31.07.2024 against the petitioner under Sections 366 / 376(3) IPC read with Section 6 of POCSO Act, who evaded arrest and also did not appear before the Investigating Officer Page No.# 3/3 during the investigation of the said Juria P.S. case for which he was shown as an absconder in the concerned charge-sheet.

8. Moreover, anticipatory/pre-arrest bail application apprehending arrest as per the provision of Section 438(4) Cr.P.C. equivalent to Section 482(4) of the BNSS, 2023 containing offence punishable under Section 376(3) IPC and Section 376AB IPC equivalent to Section 65 BNS, 2023; or Section 376DA and Section 376DB of the IPC equivalent to Section 70 of the BNS are not maintainable.

9. This pre-arrest bail application of the petitioner, Rajmamud Ali, in said Juria P.S. Case No. 138/2024, being not maintainable under Section 482(4) BNSS equivalent to Section 438(4) Cr.P.C., stands dismissed.

10. Considering the said provisions of law, noted above, the petitioner should approach the Court of learned Special Judge (POCSO), Nagaon for his regular bail in said Juria P.S. Case No. 138/2024 corresponding to G.R. No. 1081/2024.

JUDGE Comparing Assistant