Page No.# 1/5 GAHC010119362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1242/2025 AINUL HOQUE ALIAS AYNUL HOQUE AND 4 ORS. S/O DARUD ALI R/O KHERBRI PT.IV P.S. AGOMONI DIST. DHUBRI, ASSAM 2: ASHRAFUL HOQUE S/O DARUD ALI R/O KHERBRI PT.IV P.S. AGOMONI DIST. DHUBRI ASSAM 3: SAFAR ALI S/O DARUD ALI R/O KHERBRI PT.IV P.S. AGOMONI DIST. DHUBRI ASSAM 4: AMINUR HOQUE S/O DARUD ALI R/O KHERBRI PT.IV P.S. AGOMONI DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:MATIYAR RAHMAN S/O LT. JASIMUDDIN MUNCHI Page No.# 2/5 R/O KHERBARI PT.IV P.S. AGOMONI DIST. DHUBRI ASSA Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR. M MONDAL (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.08.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioners. Also heard K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Though the name of Mr. M. Mondal, learned counsel for the respondent No. 2 is shown in the cause list as engaged counsel, but he is not present today. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners, namely, (1) Ainul Hoque @ Aynul Hoque, (2) Ashraful Hoque, (3) Safar Ali, (4) Aminur Hoque and (5) Minajul Hoque, who are apprehending their arrest in connection with Agomoni P.S. Case No. 70/2025 under Sections 140(3)/127(2)/3(5) of the BNS, 2023 read with Section 4 of the POCSO Act. 3. The gist of accusation in this case is that on 04.05.2025, the father of the victim girl had lodged an FIR against the six accused persons therein including the present petitioners before the Officer-in-Charge of Page No.# 3/5 Agomoni Police Station, inter alia, stating that on 02.05.2025 at about 8.00 pm, minor daughter of the informant was kidnapped from his house and kept confined at an unknown place. Later on they dropped her near Agomoni Mosjid. It is alleged in the FIR that the accused Anisur Rahman has subjected the victim girl illegal forceful physical relationship when she was kept confined at an unknown place. 4. The learned counsel for the petitioners has submitted that the main accused Anisur Rahman has already arrested and the petitioner No. 1, Ainul Hoque @ Aynul Hoque, petitioner No. 2 Ashraful Hoque and petitioner No. 3 Safar Ali are the brothers of the main accused Anisur Rahman and it is unlikely to believe that all the brothers together have forcefully committed the offence of such nature. He also submits that in the meanwhile the victim girl has already recovered and therefore the custodial interrogation of the petitioners may not be necessary. He also submits that the forwarding report of the accused No. 1 wherein it is stated that the victim girl made accusation only against the accused No. 1. He submits that the petitioners are ready to cooperate with the investigation and therefore he prays for allowing them to go on pre-arrest bail. 5. On the other hand Mr. K.K. Parasar, the learned Additional Public Prosecutor has produced the case diary of Agomoni P.S. Case No. 70/2025 and has vehemently opposed to grant bail to the petitioners on the ground that the victim girl has implicated the petitioners in her statement recorded under Section 183 of the BNS. He also submits that the victim girl was kidnapped by a four wheeler. However, she was unable Page No.# 4/5 to identify the driver of the vehicle and the investigation is still going on. 6. I have considered the submissions of the learned counsel for both the parties and I have gone through the case diary of Agomoni P.S. Case No. 70/2025. On perusal of the case diary including the statement of the victim girl recorded under Section 183 of BNS, it appears that the petitioner Nos. 2, 3 and 4 namely Ashraful Hoque, Safar Ali and Aminur Hoque have been categorically implicated by the victim girl of having committed offence as alleged in the FIR though the accusation of physical intercourse is only against accused No. 1. However, the above named petitioners have participated in kidnapping of the victim girl. Therefore, this court is not inclined to pass favourable order in favour of the above named petitioner Nos. 2, 3 and 4 namely Ashraful Hoque, Safar Ali and Aminur Hoque under Section 482 of the BNSS and their prayer for pre arrest bail is rejected at this stage. 7. As regards the petitioner Nos. 1 and 5 namely, Ainul Hoque @ Aynul Hoque and Minajul Hoque, though their names appears in the FIR, however, the victim girl has not made any specific allegation against them of having participated in the alleged offence. Therefore, this court is of the considered opinion, if they cooperate in the investigation, their custodial interrogation may not be necessary. Accordingly, the petitioner Nos. 1 and 5 namely, Ainul Hoque @ Aynul Hoque and Minajul Hoque are hereby directed to appear before the Investigating Officer within a period of 7 days from today and cooperate with the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with Agomoni P.S. Case No. 70/2025, they shall be Page No.# 5/5 allowed to go on pre arrest bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 8. The bail application is accordingly disposed of. 9. Send back the case diary. JUDGE Comparing Assistant