Page No.# 1/3 GAHC010128232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1663/2024 MEHDI HASSAN S/O BAUL HUSSAIN, VILL- JHAGRARPAR PART II, P.O.-JHAGRARPAR, P.S.- DHUBRI, DIST- DHUBRI, ASSAM, PIN-783325 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SHAHILAL HOQUE S/O MASIBAR RAHMAN VILL- SONALIGURI P.S.-SAPATGRAM DIST- DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : A W AMAN, MS SURAYA RAHMAN,SAMIM RAHMAN,MR S A BARBHUYAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.01.2025 Heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. S.Das, learned Page No.# 2/3 counsel for the petitioner. Mr. D.P.Goswami, learned Addl.P.P. is present for the State respondent. This application under Section 438 of the CrPC has been filed by the petitioner Mehdi Hassan praying for releasing him on pre-arrest bail apprehending arrest in connection with Sapatgram PS Case No. 30/2024 u/ss 120B/354B/506 of the IPC r/w Section 8/17 of the POCSO Act. In the FIR, it is alleged that one particular date, the 14 years old daughter of the informant was suffering from mental breakdown. The father wanted to know but the girl did not tell anything. After some day, the girl had no changed. The wife of the informant also joined the informant and both of them wanted to know from the girl as to what had happened. But this time also, the girl did not say anything. Thereafter, on 27.05.2024, the father of the girl had lodged an FIR . Mr. Goswami, learned Addl.P.P. submits that case diary does not reflect any incriminating materials against the present petitioner to justify his detention in custody. I have considered the submission of both the sides. Since, there is no incriminating materials against the present petitioner, the bail application is hereby allowed. It is hereby directed that in the event of arrest of the petitioner, Mehdi Hassan, he shall be released on pre-arrest bail in connection with the aforesaid case on furnishing bail of Rs.25,000/- with suitable surety of like amount to the satisfaction of the arresting authority. The petitioner shall appear before the I.O. within 10 days from today and shall co-operate with the investigation. The pre-arrest bail application stands disposed of. Page No.# 3/3 Return the case diary. JUDGE Comparing Assistant