Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010140162025
2025:GAU-AS:11249
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1495/2025 JOYNAL ABEDIN SK S/O- ABDUL KUDDUS MOLLAH, R/O-VILL.- ALOMGANJ PART-I, AMBARI, P.O.- ALOMGANJ, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM, PIN-783339. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SURUT JAMAL SHEIKH. S/O- LATE HARAN ALI SK
VILL.- RAJAPARA PART-II P.S.- BAGRIBARI P.O.- BAGRIBARI DIST.- KOKRAJHAR ASSAM PIN-78334 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS,AMICUS CURIAE, (R-2)
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 21.08.2025
1. Heard Mr. T. SK, learned counsel for the petitioner and Mr. S. Das, learned Amicus Curiae for the informant. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Joynal Abedin Sk, seeking pre- arrest bail in connection with Bagribari P.S Case No.10/2025 in G.R Case No.84/2025 under Sections 137(2)/64(1) of BNSS, R/W Section 9/10/11 of Prohibition of Child Marriage Act,2006 and under Section 6 of POCSO Act,2012. 3. The ejahar dated 13.02.2025 was lodged against 12 accused persons including the present petitioners stated to be all family members with allegations of child marriage and taking away of the daughter of the informant. 4. The learned counsel for the petitioner drawing my attention to page no. 25 of the bail petition submits that remaining 11 accused petitioners including the parents of the present petitioner were granted anticipatory bail by Coordinate Bench of this Court on 04.06.2025 in A.B Case No.541/2025. 5. The case diary has been received. Page No.# 3/4
6. Seen the relevant portions. 7. Investigation is not yet completed. 8. In her statement recorded before Magistrate, the girl has stated about love affair, elopement and again subsequent elopement, when her father tried to confine her. 9. Mr. S. Das, learned Amicus Curiae for the informant submits that elements of child marriage are attracted. 10. In the given facts and circumstances, I am of the considered view that no purpose would be served by arresting the petitioner at this stage. 11.
Therefore, allowing this petition, in the event of his arrest in connection with this case, the above-named petitioner shall be allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only with one surety of the like amount subject to the satisfaction of the arresting authority with following conditions: (i) That the petitioner shall co-operate with the remaining investigation; (ii) That the petitioner shall not abscond; (iii) That the petitioner shall not intimidate and harassed or annoy the girl and her family members; (iv) That the petitioner shall not hamper or tamper with evidence. 12. Return back the case diary. Page No.# 4/4
13. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant