Page No.# 1/3 GAHC010110282025 2025:GAU-AS:9932 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1166/2025 ASADUR ISLAM S/O ANOWAR HUSSAIN R/O DUBACHURI PT.I P.S. MERERCHAR DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:AKABBOR ALI (INFORMANT) S/O NOBI HUSSAIN R/O BHORALIPARA PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, MR. M. A. CHOUDHURY,MR. SAYED SALIM AHMED,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.08.2025 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. I U Chowdhury, learned counsel for the petitioner and Mr. P S Lahkar, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. S Nawaz, learned Amicus Curiae appearing on behalf of the respondent No. 2. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre- arrest bail to the accused/petitioner, Asadur Islam, who is apprehending arrest in connection with Mererchar Police Station Case No. 18/2025 under Sections 137(2)/127(2)/103(1)/3(5) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012. 3. The informant of the instant case one Akabbor Ali lodged an FIR dated 23.04.2025 before the Officer-in-Charge of Mererchar Police Station alleging inter alia that on 19.04.2025 at around 10:00 PM, his daughter Rohima Khatun aged about 16 years was kidnapped by accused No. 1, 2, 3 & 6 from Dholabil brick industry and on contacting the accused and their family members, they denied the kidnapping and did not return his daughter. Subsequently, it was alleged that the accused assaulted and murdered her and on 21.04.2025 tried to portray the murder as suicide and brought his dead daughter to Abhayapuri Hospital where she was declared dead. He also alleged that he suspects that accused No. 1 raped his daughter. On receipt of the FIR, the Officer- in-Charge of Mererchar Police Station (Bongaigaon) registered the instant case under Sections 137(2)/127(2)/103(1)/3(5) of BNS, 2023 read with Section 4 of the POCSO Act, 2012 and the Investigating Officer of the case started the investigation. 4. I have perused the case diary. 5. From the post-mortem examination report, it appears to be a case of suicidal death. 6. There is no allegation of rape/sexual intercourse against the present petitioner. Although from the statements of the witnesses it appears that the petitioner was present in the house of Page No.# 3/3 the co-accused persons where the victim had committed suicide, there is no material to indicate that the present petitioner had any role in the commission of such suicide and it appears from the materials available in the case diary that the main accused No. 1, Musa Ali, acted alone while bringing the victim from Dholaibeel in Tezpur to Goalpara. 7. Considering the above, I am of the view that custodial interrogation of the petitioner may not be necessary. 8. Consequently, the prayer for pre-arrest bail of the petitioner is allowed. 9. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Asadur Islam, he shall be released on pre-arrest bail in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with two local sureties each of the like amount, to the satisfaction of the arresting authority, subject to the following conditions that – (i) The petitioner shall appear before the Investigating Officer of the case within 7 days from today and shall co-operate in the investigation of the case, failing which on and from the 8th day, the pre-arrest bail order shall have no force; and (ii) The petitioner 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 him from disclosing such facts to the Court or to any police officer. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant