Page No.# 1/3 GAHC010113862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1200/2025 MOTIAR ALI S/O EYAKUB ALI VILL- BAMUNDANGA PT.III, P.O. JHAPSABARI P.S. AGOMONI DIST. DHUBRI, ASSAM PIN-783335 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:MOFIJUL HOQUE S/O- LT. AKBAR ALI VILL- KUTI BHAMANDANGA P.S- AGOMONI DIST- DHUBRI (ASSAM) PIN-78333 Advocate for the Petitioner : MR N ZAMAN, MR. H RAHMAN Advocate for the Respondent : PP, ASSAM, R BEGUM(R-2),H G DAISY (R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 31.07.2025 Heard Mr. N. Zaman, learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State respondents. This is a petition under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Motiar Ali who is apprehending arrest in connection with Agomoni P.S. Case No.74/2025, registered under Section 140(3) BNS, 2023, R/W Section 4 of the POCSO Act. The allegation against the accused petitioner is that when the 15 years old minor daughter of the informant had gone to school, the accused had called the principal and identified himself as the victim’s guardian and took her away. It is further alleged in the statement of the victim before the Magistrate that the accused kept her in the house of his relative had sexual intercourse with her, whereupon, Section-4 of the POCSO Act was added. It is stated on behalf of the petitioner that it was the victim girl who had proposed to the petitioner and subsequently, a relationship developed between them and on the alleged day of occurrence, they had only gone out for coffee as friends and no incident as alleged had taken place. On perusal of the case diary and the statements of the victim girl before the I/O and the Magistrate, I find the same to be contradictory. From the statement before the I/O, it appears to be a case of voluntary elopement to avoid parental pressure to marry and there is no mention of sexual intercourse, which allegation has surfaced for the first time in her statement before the Magistrate recorded three days later. The Page No.# 3/3 victim girl has already been recovered. It also appears that the victim girl has refused to submit to medical examination. Considering above facts and circumstances, I am of the view that a case for grant of pre-arrest bail has been made out in favour of the petitioner. Consequently, the prayer for pre-arrest bail is allowed. Accordingly, it is provided that in the event of arrest, the petitioner, namely, Motiar Ali, shall be released on interim pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with two sureties of like amount to the satisfaction of the arresting authority, subject, to the following conditions:- (i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, the interim-pre arrest bail order shall have no force; and (ii) That 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; and Anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant