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2025 DAILYLAW 13855 (GAU)

NASRIN AHMED AND ANR v. THE STATE OF ASSAM AND ANR

AB/1300/2025 · 2025-07-28

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010134252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : AB/1300/2025 NASRIN AHMED AND ANR D/O- NURUL AMIN. R/O- 5 NO. BOGAMUKH. P.S.- LAOKHOWA SAPORI DIST.- NAGAON ASSAM. 2: NURUL AMIN S/O- LATE ABDUL SALAM. R/O- 5 NO. BOGAMUKH. P.S.- LAOKHOWA SAPORI DIST.- NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:HARAN RASID. S/O- LATE HASMOT ALI. R/O- BATMARI P.S.- RUPOHIHAT DIST.- NAGAON ASSAM. ------------ Advocate for : MR D K MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. D. K. Medhi, the learned counsel for the petitioners. Also heard Mr. D. Sarma, learned Additional Public Prosecutor and Mr. I. A. Talukdar, learned counsel appearing for the respondent. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioners, namely, Nasrin Ahmed and Nurul Amin, who are apprehending their arrest in connection with Rupahihat PS Case No. 186/2025 under Sections 74/77/107/351(3)/3(5) of BNS R/W Sections 8/12 of POCSO Act, 2012. 3. The gist of accusation in this case is that the father of the victim girl had lodged an FIR naming three accused persons therein including the present petitioners, inter alia, alleging that the accused No.1 named in the FIR was giving tuition to the minor daughter of the informant and they have developed love affairs between them. It is also alleged in the FIR that the accused No.1 took obscene photographs of the victim girl in the mobile phone and used to threaten the victim girl of kidnapping her and also threatened to kill her and unable to bear the same, the victim committed suicide on 23.05.2025. 4. The learned counsel for the petitioner has submitted that the petitioner No.1 is the sister of the accused No.1 named in the FIR and petitioner No.2 is the father of the accused No.1 named in the FIR. He submits that the petitioners are no way involved in the offence alleged in the case. He submits that they have been made accused in the FIR by the Page No.# 3/4 informant mainly because they happen to be the sister and father of the accused No.1 respectively. It is also submitted by learned counsel for the petitioner that both the petitioners are ready to co-operate in the investigation. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Rupahihat PS Case No. 186/2025 and has fairly submitted that though there are some materials against the accused No.1 named in the FIR, however, as against the present petitioner there is nothing which would implicate the offence alleged in the FIR. 6. Mr. I. A. Talukdar, learned counsel appearing for the respondent has also not opposed the prayer for bail of the present petitioners. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Rupahihat PS Case No. 186/2025 which was produced by the learned Additional Public Prosecutor. 8. On perusal of the case diary it appears that no incriminating materials against the present petitioners in the case diary at this stage to justify their custodial interrogation. 9. In view of the above, the above-named petitioners to appear before the Investigating Officer of Rupahihat PS Case No. 186/2025, within a period of 10(ten) days from the date of this order and co-operate in the investigation. If they does so within the stipulated period of time, in the event of their arrest in connection with the above-noted case, they shall be allowed to go on bail of Rs. 30,000/-each (Rupees Thirty Thousand) Page No.# 4/4 with a suitable surety of like amount each, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall appear before the Investigating Police Officer within 10(ten) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. 10. This anticipatory bail application is accordingly disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant