Page No.# 1/6 GAHC010096492025 2025:GAU-AS:7606 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1529/2025 ROKIBUL ISLAM @ RAKIBUL ALI S/O - RAHUL AMIN @ RUL AMIN. R/O -VILL.- NO.2 KAWADI, P.O.- SONAIKHOLA, P.S.- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN-783391 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SAHEDA KHATUN D/O- LATE TASER ALI. R/O-VILL- LUNGJHAR. P.S.- MANIKPUR P.O.- FAGUNAGAON. DIST.- BONGAIGAON ASSAM PIN-783390 Advocate for the Petitioner : MR. M U MAHMUD, MS. M. AHMED.,MS. F RAHMAN,MS. B CHETIA,MS. D BORA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, MR. M ALI(R-2),MR J. E. SARKAR (R-2) Page No.# 2/6 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 11-06-2025 Heard Mr. M. U. Mahmud, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Mr. M. Ali, learned counsel for the respondent No.2. 2. The petitioner, namely, Rokibul Islam @ Rakibul Ali, son of Rahul Amin @ Rul Amin, resident of Village-No.2, Kawadi, Post Office-Sonaikhola, Police Station-Manikpur, District- Bongaigaon, Assam has filed this application under Section 483 BNSS, 2023 on 05.05.2025 praying for his bail in Special (POCSO) Case No. 14(BGN)/2025 under Sections 137(2)/74/115(2) BNS, 2023, read with Section 8 of the POCSO Act arising out of Manikpur P.S. Case No. 152/2024, in which, he was arrested on 24.04.2025 and is in custody since then. 3. The petitioner is a charge sheeted accused in said Special (POCSO) Case No. 14(BGN)/2025 under Sections 137(2)/74/115(2) BNS, 2023, read with Section 8 of the POCSO Act arising out of Manikpur P.S. Case No. 152/2024. 4. The petitioner has filed this application for his bail in said Special (POCSO) Case No. 14(BGN)/2025 arising out of Manikpur P.S. Case No. 152/2024 stating that earlier he approached this Court on two occasions, praying for his pre-arrest bail in said Manikpur P.S. Case No. 152/2024 in AB No. 14/2025 as well as AB No. 380/2025. However, the Court by order dated 07.01.2025 rejected his pre-arrest bail in AB No. 14/2025 and in his second pre- arrest bail application, being AB No. 380/2025 the Court while rejecting his pre-arrest bail by order dated 25.03.2025 in said Manikpur P.S. Case No. 152/2024, directed the petitioner to approach the Court of learned Special Judge (POCSO), Bongaigaon for his regular bail as Page No.# 3/6 charge sheet in said Manikpur P.S. Case No. 152/2024 was already submitted. 5. Later, the petitioner was taken into custody by police and was produced before the Court of learned Special Judge (POCSO), Bongaigaon on 24.04.2025 and he is custody in said Manikpur P.S. Case No. 152/2024 since then. 6. The petitioner submitted that on 11.02.2025, mother of the victim girl sworn an affidavit stating that the FIR pertaining to said Manikpur P.S. Case No. 152/2024 was lodged due to misunderstanding and ill advice against the petitioner and if the Court allows the petitioner to go on bail, she has no objection. 7. Hence, this bail application by the petitioner for his bail in said Special (POCSO) Case No. 14(BGN)/2025 arising out of Manikpur P.S. Case No. 152/2024. 8. As per the FIR dated 28.11.2024 lodged before the Manikpur Police Station by the victim herself, the case is that the victim girl and the petitioner were known to each other. On the night of 09.11.2024, the accused petitioner induced the victim girl and took her in his bike forcefully and committed rape on her at Sonaikhola field. Then, he took her to the house of one Abu Sama, a resident of the same village. On 10.11.2024 in the morning around 07:00 AM, he forcefully took her to Bijni in a motorcycle and then with an intention to sell her, she was taken to Barpeta Road Railway Station and intended to sell her somewhere in the State of Kerala. On coming to know about the same, she made hue and cry and some people gathered near her and at that point of time, the accused petitioner fled away from the scene. Thereafter, she informed her family members about the incident and then her elder brother Mohijul Ali came to Barpeta Road Railway Station and took her back to her house. As the victim girl was waiting for some settlement, there was a delay in lodging the FIR. 9. The said FIR of the victim girl was accordingly registered as Manikpur P.S. Case No. 152/2024 under Sections 126(2)/127(2)/137(2)/65(1) BNS, 2023, read with Section 4 of the POCSO Act, 2012 corresponding to G.R. No.662/2024. 10. It is seen from the records of the case that on completion of the investigation of said Manikpur P.S. Case No. 152/2024 the concerned Investigating Officer of Manikpur P.S. Case No. 152/2024 submitted the charge sheet on 30.01.2025 vide C.S. No.12/2025 under Sections 126(2)/127(2)/137(2)/65(1) of the BNS, 2023, read with Section 8 of the POCSO Page No.# 4/6 Act, showing the petitioner as an absconder, who evaded arrest during investigation of the case. 11. During investigation, the concerned Investigating Officer seized the original Birth Certificate of the victim girl, which indicates her date of birth as 23.03.2011, where, the said Birth Certificate was issued by the Sub Divisional Medical and Health Officer, Manikpur Block P.H.C. with Registration No.712. 12. It is also seen from the records of the case that after filing of the charge sheet in said Manikpur P.S. Case No. 152/2024 on 30.01.2025, the said case was re-registered and re- numbered as Special (POCSO) Case No. 14(BGN)/2025, before the Court of learned Special Judge (POCSO), Bongaigaon. 13. The Court of learned Special Judge (POCSO), Bongaigaon on 07.03.2025 while taking cognizance of the offence against the petitioner under Sections 137(2)/74/115(2) BNS, read with Section 8 of the POCSO Act also issued an order of Non Bailable Warrant of Arrest (NBWA) to the accused petitioner, who during the investigation absconded and evaded arrest and further did not participate in the investigation of the case. On the basis of said NBWA, the accused petitioner was taken into custody on 24.04.2025. 14. In this bail application, the petitioner has also annexed the copy of the affidavit sworn by one Mayfala Bibi sworn before the Notary on 11.02.2025 stating that due to misunderstanding, she lodged an Ejahar at Manikpur Police Station on 28.11.2024 against the accused petitioner, which was registered as Manikpur P.S. Case No. 152/2024. The said Mayfala Bibi, mother of the victim girl in her said affidavit also stated that she will not have any objection, if the accused is allowed to go on bail. 15. Mr. M. Ali, learned counsel for the respondent No.2 submitted that the said respondent has no objection, if the accused petitioner is released on bail. 16. However, Mr. B. Sharma, learned Addl. PP appearing for the State objected to the bail of the petitioner stating that the petitioner is involved in heinous crime and it is not the mother of the victim girl, who is the informant of the case, rather it is the victim herself, who is the informant of the case. As such, the affidavit submitted by the mother of the victim girl should not be taken into consideration. Page No.# 5/6 17. On perusal of the records of the case, it is seen that the victim girl in her statement under Section 183 BNSS before the learned Judicial Magistrate, First Class, Bongaigaon implicated the petitioner of forcefully taking her away from her home in his motorcycle and also of forcefully taking her to his uncle’s house at Sonaikhola and while she was taken to the house of his uncle, the accused petitioner touched by chest and kissed her. She also deposed before the learned Magistrate that the accused petitioner took her to Barpeta Road Railway Station and she overheard the accused speaking to someone, saying that he will take her to Kerala and then she somehow managed to call her elder brother, who accordingly went to Barpeta Road Railway Station and recovered her. 18. The original Birth Certificate of the victim girl seized by the Investigating Officer also indicates that the victim was a minor as defined under the POCSO Act on the date of the incident 09.11.2024, considering her date of birth as 23.03.2011. 19. The Court of learned Special Judge (POCSO), Bongaigaon on 07.03.2025 while taking cognizance of the offence after perusal of the charge sheet and the relevant documents, found the alleged offence to be heinous one and that the accused tried to evade the process of law, for which, the learned Special Court on 07.03.2025 issued order of NBWA against the petitioner, who was absconding during the investigation of the case for his appearance. 20. It is also seen from the records of the case that said Special (POCSO) Case No. 14(m)/2025 was last fixed on 09.06.2025 before the learned Special Judge (POCSO), Bongaigaon for consideration of charge. 21. Considering the above, this Court is not inclined to grant bail to the petitioner in said Special (POCSO) Case No. 14(BGN)/2025 arising out of Manikpur P.S. Case No. 152/2024 at this stage. 22. It is further clarified that petitioner may approach the Court of learned Special Judge (POCSO), Bongaigaon in said Special (POCSO) Case No. 14(BGN)/2025 arising out of Manikpur P.S. Case No. 152/2024 for his bail, if so advised after framing of charge in said Special (POCSO) Case No. 14(BGN)/2025 arising out of Manikpur P.S. Case No. 152/2024 23. Accordingly, this bail application of the petitioner, Rokibul Islam @ Rakibul Ali, son of Rahul Amin @ Rul Amin, in said Special (POCSO) Case No. 14(BGN)/2025 arising out Page No.# 6/6 of Manikpur P.S. Case No. 152/2024 corresponding to G.R. No.662/2024, pending before the Court of learned Special Judge (POCSO), Bongaigaon, stands rejected. JUDGE Comparing Assistant