Page No.# 1/4 GAHC010134252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2045/2025 MUSTAKIM AHMED S/O- NURUL AMIN. R/O-5 NO. BOGAMUKH, P.S.- LAOKHOWA SAPORI, DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:HARUN RASID. S/O- LATE HASMOT ALI. R/O- BATMARI P.S.- RUPOHIHAT. DIST.- NAGAON ASSAM Advocate for the Petitioner : MR D K MEDHI, H BORUAH,P BORUAH Advocate for the Respondent : PP, ASSAM, MR. T HUSSAIN(R-2),MR. B HUSSAIN (R-2),MR. I A TALUKDAR(R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. D. K. Medhi, the learned counsel for the petitioner. Also heard Mr. D. Sarma, learned Additional Public Prosecutor and Mr. I. A. Page No.# 2/4 Talukdar, learned counsel appearing for the respondent. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mustakim Ahmed, who has been detained behind the bars since 25.05.2025 (for 66 days) 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 petitioner, inter alia, alleging that the petitioner 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 petitioner 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. Learned counsel for the petitioner has submitted that the accusation made against the petitioner in the FIR is true. He submits that the offence involved under Section 107 of BNS indicates punishment of 10 years. He also submits that the ingredient of offence under Section 107 of BNS is not attracted here in this case against the petitioner. He also submits that the petitioner is a young boy of 20 years of age. He further submits that considering the period of detention undergone by the petitioner, he may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Rupahihat PS Case No. 186/2025 and has submitted that two witnesses whose statement were recorded under Section Page No.# 3/4 180 of BNS has made implicating statement against the present petitioner regarding his complicity in the offence alleged. Learned Additional Public Prosecutor also submits that the materials collected during investigation till date also indicate that there was a love affair between the petitioner and the deceased and the mother of the deceased was not in favour of such relationship. 6. Mr. I. A. Talukdar, learned counsel appearing for the respondent has vehemently opposed to grant in bail of the petitioner at this stage on the ground that the petitioner being tuition teacher ought not to have indulged with such an act. He submits that considering the seriousness of the offence, the petitioner may not be allowed to go on bail at this stage. 7. I have considered the submissions made by learned counsel for both sides also gone through the case diary of Rupahihat PS Case No. 186/2025. 8. It appears that though there are incriminating materials against the petitioner in the case diary as some of the witnesses has given incriminating statement against him, however, it appears that the investigation has fairly progressed. It is also appears that the petitioner has been detained behind the bars for last 66 days. 9. After going through the case diary and considering the progress made in the investigation as well as the period of detention undergone by the petitioner, this Court is of the considered opinion that if the petitioner co- operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of Rupahihat PS Case No. 186/2025. Page No.# 4/4 10. In view of above, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Nagaon with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner 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. 11. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant