JUDGMENT 1. Mr. R. Gurung, learned Addl. Sr. GA has submitted that the case diary as directed by this Court is hereby produced. Leading this Court to portions of the case diary, the learned Addl. Sr. GA has pointed out that the materials on record gathered from the progress of the investigation would show that the victim girl has stated that on 15.05.2022 at about 5 pm when she had gone to a nearby river about 300 metres from her house to draw drinking water, on the way she was accosted by two persons whom she could not identify then, who dragged her to a nearby forest where she was raped by one person. While the other person attempted to rape her, she managed to escape. 2. On an FIR being filed by the mother of the victim, Mawkyrwat Women P.S Case No. 8(05) 2022 under Section 3(a)/4 of the POCSO Act read with Section 307 IPC was accordingly registered. Two persons were suspected to have committed the offence and accordingly a lookout notice was issued against them. 3. In course of investigation, one of the suspected persons namely Shri. Borson Nongbri was apprehended by the Nonghyllam Police team at Nongkulang village, South West Khasi Hills District and was accordingly arrested in connection with the case. 4. The other person who was identified by the victim from his photograph shown to her was also absconding and could not be apprehended till date. In the meantime, this person identified as Shri. Respectfull Nongtnger @ liehlieh had approached this Court by way of this instant petition seeking grant of pre-arrest bail and this Court before finally deciding on the matter has, vide order dated 10.08.2022 allowed the petitioner to go on interim bail on condition that he shall not abscond and that he shall cooperate with the Investigating Officer (I/O). However, the petitioner has failed to appear before the I/O and is still absconding for which as stated above, a lookout notice has been issued in this respect. 5. Considering the fact that there is a strong prima facie case made out against the petitioner and also the fact that he has violated the interim bail conditions, this petition may be dismissed as devoid of merits, submits the learned Addl. Sr. GA. 6. Mr. 5. Considering the fact that there is a strong prima facie case made out against the petitioner and also the fact that he has violated the interim bail conditions, this petition may be dismissed as devoid of merits, submits the learned Addl. Sr. GA. 6. Mr. P. Yobin, learned counsel for the petitioner has submitted that this Court may apply its discretion on the basis of the material available from the case diary and further that the petitioner has indeed failed to comply with the directions made by this Court in the said order dated 10.08.2022 for which necessary order may be passed. 7. On consideration of the submission made, this Court considering the materials gathered from the case diary, particularly the statement of the victim and the fact that she has identified her assailants including the petitioner herein, therefore, prima facie a case of sexual assault has been made out against the petitioner herein. The fact that the petitioner has failed to comply with the directions issued by this Court by failing to appear before the I/O also speak volumes about his conduct. Therefore, as submitted by the learned Addl. Sr. GA this Court is not inclined to allow this petition at this stage. 8. This petition is hereby dismissed as devoid of merits. 9. Registry is directed to return the case diary.