Page No.# 1/4 GAHC010135482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2026/2025 FULCHAN ALI SON OF WAJKURNI, RESIDENT OF VILLAGE NO. 1, BHANDARA, P.O. BHANDARA BAZAR, P.S. MANIKPUR DIST. BONGAIGAON, ASSAM, PIN-783390 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SUKUM UDDIN S/O ABUL HUSSAIN R/O. VILL. - NO. 1 BHANDARA P.S. - MANIKPUR DIST. - BONGAIGAON ASSA Advocate for the Petitioner : SIRAJ CHOUDHURY, Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.08.2025 1. Heard Mr. S. Choudhury, the learned counsel for the petitioner. Also heard Page No.# 2/4 Mr. B. Sarma, the learned Additional Public Prosecutor, Assam, appearing for the State respondent as well as Ms. M.K. Brown, learned Amicus Curiae, appearing for the respondent No. 2. 2. This bail application under Section 483 of BNSS, 2023 has been filed by the petitioner, Fulchan Ali, who has been detained behind the bars since 01.06.2025 (for last 64 days) in connection with Manikpur P.S. Case No. 60/2025 under Sections 331(4)/ 64 of BNS, 2023 read with Section 6 of the POCSO Act. 3. The gist of accusation in this case is that on 01.06.2-025, the father of the victim girl lodged an F.I.R. before the Officer-in-Charge of Manikpur Police Station, inter alia, alleging that the petitioner on the pretext of having love affairs with his minor daughter, has established physical relationship with her on several occasions. It is also alleged in the F.I.R. that on 31.05.2025 at about 8.00 p.m. the petitioner had trespassed into the house of the informant and dragged the minor daughter and tried to commit rape on her. 4. The learned counsel for the petitioner submits that the F.I.R. has been lodged with mala fide intention by the father of the victim girl. The learned counsel for the petitioner submits that the petitioner was having relationship with the victim girl since one and half years and during this period he has physical relationship with her on several occasions. He also submits that the parents of the petitioner as well as the victim girl have agreed to marry the victim to the petitioner wherein both of them have attained the marriageable age. Page No.# 3/4 5. It is further submitted by the learned counsel for the petitioner that after lodging of the F.I.R., the victim girl herself came to the house of the petitioner and informed him that under pressure from her father, she was compelled to depose before the Magistrate that she refused to go back to her parental house. However, the father of the victim girl told her daughter about the same. The learned counsel for the petitioner has submitted that as the father of the victim girl intended to marriage her daughter to some other person he has lodged this false F.I.R. 6. On the other hand, leaned Additional Public Prosecutor has placed the case diary of Manikpur P.S. Case No. 60/2025 and has submitted that there are sufficient incriminating materials against the petitioner in this case. He submits that though the victim girl has stated that at some point of time she had relationship with the petitioner. However, he did not continue and it is also stated by her that on the date of alleged offence, i.e. on 31.05.2025, the petitioner dragged her out from her house and tried to commit rape on her. 7. The learned Addl. Public Prosecutor submits that there are independent witnesses also who have seen the petitioner dragging the victim girl out of her house on the date of alleged offence. 8. The learned Amicus Curiae, Ms. M.K. Brown has submitted that as the victim girl has categorically implicated the petitioner in her statement under Section 183 of BNSS, 2023 and there is every possibility of the petitioner of trying to influence her or threatened her and there is also possibility of repeating the offence alleged in the F.I.R. again by the petitioner, if he is released on bail. Page No.# 4/4 9. I have considered the submission made by the learned counsel for both sides and have perused the case diary which is produced by the learned Addl. Public Prosecutor. 10. The statement of the victim girl recorded under Section 183 of BNSS, 2023 shows that the petitioner had forcefully attempted to commit the offence which has been alleged in the F.I.R. on 31.05.2025. Though the learned counsel for the petitioner has submitted that the petitioner and the victim girl had consented physical relationship, it appears from the record that the date of birth of the victim girl is 16.06.2009 and on the date of alleged offence, she was a minor and therefore her consent is immaterial as the victim girl has categorically implicated the petitioner in the offence alleged against him. 11. In view of the above, this court is not inclined to grant bail to the petitioner and the prayer for bail is therefore rejected. 12. Return the case diary. JUDGE Comparing Assistant