Page No.# 1/4 GAHC010089482025 2025:GAU-AS:6882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/975/2025 FOYAZ UDDIN BORBHUYAN @ FOYAZ UDDIN AHMED BORBHUYAN S/O LATE BASIR UDDIN AHMED, A RESIDENT OF DOBOKA TOWN, WARD NO. 01,P.O. DOBOKA, P.S. DOBOKA, DIST. HOJAI, ASSAM, PIN-782440. VERSUS THE STATE OF ASSAM AND ANR REP BY THE LEARNED PP, ASSAM 2:AKTAR SULTAN W/O GIAS UDDIN BARBHUYAN A PERMANENT RESIDENT OF VILL-DOBOKA PATHAR P.S.DOBOKA DIST. HOJAI ASSAM PIN-782440 Advocate for the Petitioner : TAWHID LASKAR, A MISHRA,MR SARFRAZ NAWAZ,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, MR. SAYED SALIM AHMED(R-2),M ALAMGEER (R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28-05-2025 Heard Mr. S. Nawaz, learned counsel who has entered appearance on behalf of the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Mr. S. S. Ahmed, learned counsel for the opposite party No.2. 2. Apprehending his arrest, the petitioner, namely, Foyaz Uddin Borbhuyan @ Foyaz Uddin Ahmed Borbhuyan, son of late Basir Uddin Ahmed, resident of Doboka Town Ward No.1, P.O.-Dabaka, Police Station-Doboka, District-Hojai, Assam has filed this application under Section 482 BNSS seeking pre-arrest bail in Doboka P.S. Case No.76/2025 registered under Section 8 of the POCSO, Act, 2012 61(2)/137(2)/64(1) BNS corresponding to G.R. No.393/2025. 3. As per the FIR dated 17.04.2025, lodged by the informant before the Doboka Police Station, the case is that her daughter, 14 years old studying in Class-IX in a School where the accused petitioner is a teacher and use to take classes in her class and since some time back, the accused petitioner used to torture her minor daughter physically and mentally. Though initially she was silent, but such physical and mental torture as increased on her by the accused petitioner, she informed everything and acts of done by the accused petitioner on her to the informant like, touching her or looking at her with bad intention and gazing at different parts of her body. The accused petitioner even asked her to leave the said School and that for all these her minor daughter had suffered depression. The said FIR of the informant was accordingly registered as Doboka P.S. Case No.76/2025 under Section 8 of the POCSO, Act, 2012 61(2)/137(2)/64(1) BNS corresponding to G.R. No.393/2025. 4. Mr. Nawaz, learned counsel for the petitioner submitted that earlier on 12.04.2025 a fellow teacher, wife of the present accused petitioner lodged an FIR against the informant’s husband, that was registered as Doboka P.S. Case No. 72/2025 under Sections 296/74/351(2) BNS and as a counter blast of said Doboka P.S. Case No. 72/2025, the informant has lodged the FIR against the accused petitioner. Page No.# 3/4 5. Mr. S. S. Ahmed, by filing an objection, objected to the pre-arrest bail of the petitioner. 6. Perused the case diary placed before the Court today by Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. Also perused the statement of the minor victim girl recorded under Section 183 BNSS, by the learned JMFC, Hojai, Sankardev Nagar on 23.04.2055. Also perused the statement of the independent witnesses, so far recorded by the concerned Investigating Officer of the case, under Section 181 BNSS available in the case diary. 7. Considering such materials in the case diary, this Court is of the opinion that custodial interrogation of the petitioner is not warranted for investigation of said Doboka P.S. Case No.76/2025. As such, this pre-arrest bail application of the petitioner is accepted. 8. Accordingly, it is provided that, in the event of arrest of the petitioner, namely, Foyaz Uddin Borbhuyan @ Foyaz Uddin Ahmed Borbhuyan, son of late Basir Uddin Ahmed, he shall be released on bail in said Doboka P.S. Case No.76/2025 corresponding to G.R. No.393/2025 on furnishing a bail bond of Rs.40,000/-, with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the concerned arresting authority on conditions that the petitioner– (i) shall appear before the Investigating Officer of said Doboka P.S. Case No.76/2025 on or before 04.06.2025 and thereafter, as and when he is required for necessary investigation of said Doboka P.S. Case; (ii) shall not leave the territorial jurisdiction of the Doboka Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and Page No.# 4/4 (v) shall not threat the minor victim girl, the informant or anyone in her family either by himself or by others or by anyone, acting on his behalf; (vi) shall not come to the vicinity of the victim girl or anyone of her family; (vii) shall not involve himself in any criminal activities and (viii) in the event of filing the charge-sheet against the petitioner in said Doboka P.S. Case No.76/2025 corresponding to G.R. No.393/2025, he shall appear before the concerned Trial Court, i.e., the Court of learned Special Judge (POCSO), Hojai on the dates the same is fixed and shall participate in the trial of the said case, without fail till its conclusion. 9. 9. Any violation of the aforesaid terms and conditions by the petitioner, namely, Foyaz Uddin Borbhuyan @ Foyaz Uddin Ahmed Borbhuyan, the bail granted to him in the aforementioned Doboka P.S. Case No.76/2025 shall stand automatically vacated. 10. This bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant