Page No.# 1/5 GAHC010114432025 2025:GAU-AS:11101 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1858/2025 SOHIDUR RAHMAN S/O LATE NAYAB ALI R/O VILL- AMBARI, P.S. GAURIPUR P.O. ALOMGANJ, DIST. DHUBRI, ASSAM, PIN-783339 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:AKINA BEWA W/O MOYJUDDIN R/O JOYPUR PART-I P.S. BAGRIBARI DIST. KOKRAJHAR BTR ASSAM PIN-78334 Advocate for the Petitioner : MD. S ALOM, MR. M S ALAM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2) Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 20.08.2025 Heard MD S. Alom, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor for the State and Mr. S. Nawaz, learned counsel for the respondent No. 2. By this application the petitioner has prayed for bail in connection with Special POCSO Case No. 39/2025 arising out of Bagribari P.S Case No. 22/2025 registered under Section 137(2)/87/3(5) of the BNS, 2023 read with Section 6 of the POCSO Act pending before the Court of learned i/c Special Judge, Kokrajhar, Assam. The FIR dated 11.04.2025 lodged by the mother of the victim reveals that the victim who was 16 & ½ years old was taken away by the petitioner from the house of the victim on luring that he would marry her and took her to the house of accused No. 2 and accused No. 3 where it is alleged that the petitioner had committed rape upon her minor daughter. It is further stated in the FIR that the informant and others searched for the victim and that the victim came back on 07.04.2025 and informed the informant that she stayed with the petitioner in the house of the other two (2) accused person and that she had physical relationship with him. Page No.# 3/5 It is also stated in the FIR that on the subsequent day also i.e., 08.04.2025, the petitioner again kidnapped her and took her again. After that, it was stated that the victim was not found anywhere and thereafter, the FIR was lodged. On receipt of the said Ejahar, the police registered the case under the aforesaid Sections of law. On completion of the investigation, the police submitted the charge sheet on 25.04.2025 against the petitioner. Thereafter, the learned Special Judge Judge, Kokrajhar, Assam had ordered vide order dated 13.05.2025 for registration of the said POCSO Case before the said Court. Mr. S. Alom, learned counsel for the petitioner submits that he submitted the Medical report of the victim wherein the brief history as stated by the victim was mentioned in the said report and it reflects that the victim had eloped with the petitioner to Coochbehar on 09.05.2025 and she came back to her house. He had also placed the opinion of the Doctor in the said Medical Report wherein it was reflected that there were no signs of forceful sexual assault. He also submits that at present, the Special Court is not functioning due to transfer and the charges were not framed. He as such submits that the petitioner being in jail since 13.04.2025 and there being no possibility of the disposal of the said case in the near future, pe prays from bail. Page No.# 4/5 Mr. B. Sharma, learned Addl. Public Prosecutor for the State submits that on perusal of the TCR that the victim has given consistent statements before the authority i.e., before the Magistrate as well as the police where although she had stated she on her own volition went with the petitioner where she had sexual relationship with him, the same cannot be accepted as the victim is a minor girl. Mr. S. Nawaz, learned counsel appearing for the respondent No. 2 also submits that the victim was a minor i.e., 16 and ½ years of age and her going with the petitioner on her own volition will have no favorable effect on petitioner’s case. Heard the counsels and I have through the records. It is reflected in the FIR lodged by the mother of the victim that although she alleged that the petitioner had taken the victim by luring the victim into marriage but also stated that when she was searching for the victim, the victim came back by herself on 07.04.2025 and that she stated that she was with the petitioner and had physical relationship with him. In the statement before the Magistrate, the victim also stated similar facts that she had gone with the petitioner and had sexual relation with him and that she came back to her house after that. However, the same will not have any effect as far as the offence under POCSO is concerned. Be that as it may, it is also seen that the petitioner has been insider the jail for 130 days and the charges were also not framed by the Special Judge. This Court Page No.# 5/5 vide order dated 25.07.2025 call for a status report about the progress of the trial of the instant Special POCSO case from the learned Special Judge, Kokrajhar and in compliance of the same, a report was received wherein, it was stated that the case is pending at the stage of consideration of charge and it was also reflected therein that since 05.04.2025, the Court has been lying vacant on transfer. In view of the said discussions made above, this Court is of the view that the petitioner may be released on bail on furnishing a bail bond of Rs. 20,000/- with two (2) sureties of the like amount to the satisfaction of the learned Special Judge, Kokrajhar or in absence thereof, the Court which is in-charge of the POCSO cases with the following conditions:- (1) The petitioner will not approach the victim or her family members and cooperate with the trial and appear before the Trial Court as and when called for. (2) The petitioner will not tamper with the evidence or influence any of the witnesses who are connected with the case. Petition is disposed of. JUDGE Comparing Assistant