Page No.# 1/5 GAHC010148732025 2025:GAU-AS:12044 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2176/2025 NUR JAMAL SK S/O- SAIJUDDIN SK, VILL.- CHARUA BAKRA, P.O.- CHIRAKUTA, P.S.- CHAPAR, DIST.- DHUBRI, ASSAM, PIN-783348. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP, ASSAM. 2:SAMSUL HOQUE S/O- LATE ABBAR ALI SK. VILL.- JALABILA P.O.- JALABILA P.S.- BAGRIBARI DIST.- KOKRAJHAR ASSAM PIN-783349 Advocate for the Petitioner : MR. S AHMED, A A SHEIKH,T UDDIN,MR M RAHMAN,J BORAH Advocate for the Respondent : PP, ASSAM, MISS. S PARBIN (R-2),MR H A AHMED(R-2),MS B SHARMA, LEGAL AID COUNSEL FOR R-2 Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 03.09.2025 1. Heard Mr. S. Ahmed, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam as well as Ms. B. Sharma, the learned Legal Aid Counsel for the respondent No. 2 and Mr. H.A. Ahmed, the learned counsel for the respondent No. 2. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Nur Jamal Sk., who has been detained behind the bars since 29.03.2025 in connection with Special POCSO Case No. 34/2025 under Sections 87/127(2) of BNS, read with Section 6 of POCSO Act, pending before the Court of the learned Sessions Judge, Kokrajhar. 3. The gist of accusation in this case is that the mother of the victim girl had lodged a complaint before the learned Chief Judicial Magistrate, Kokrajhar, inter alia, alleging that the petitioner and his father namely, Saijuddin Sk., have kidnapped the victim girl on 27.12.2024, when she went into the residence of her maternal uncle. 4. The said complaint was forwarded by the learned Chief Judicial Magistrate, Kokrajhar to the Officer-in-Charge of Kokrajhar Police Station for registration of a case and to conduct investigation. 5. After completion of the investigation, charge sheet was laid against the present petitioner under the aforementioned provisions of law. 6. The learned counsel for the petitioner has submitted that the petitioner was having love affairs with the victim girl and the victim eloped on Page No.# 3/5 her own along with him. 7. It is submitted by the learned counsel for the petitioner that at that time the petitioner was not knowing up about the age of the victim girl. However, after it is was known that the victim was minor at that point of time, the petitioner and her family members handed over the victim girl to the VDP Secretary of the Village for handing over the same to her parents. 8. The learned counsel for the petitioner has submitted that there is also a talk of amicable settlement going on between the parties and the trial has not yet commenced and therefore, the learned counsel for the petitioner submits that as the petitioner is ready to co-operate in trial, he may be allowed to go on bail. 9. On the other hand, the learned Additional Public prosecutor as well as learned Amicus Curiae opposed the grant of bail to the petitioner at this stage. They have submitted that the victim girl in her statement recorded under Section 180 as well as 183 of BNSS, 2023 have implicated the petitioner in the offence alleged against him and the victim was a minor when the alleged offence was committed against her and therefore, they submits that it would be proper to consider the application for bail only after examination of the victim girl as prosecution witness by the Trial Court. 10. They also submits that though the question of amicable settlement has been pleaded, however, the offences involved in this case are non- compoundable offences and therefore, the prayer for bail of the petitioner may be rejected at this stage. 11. On the other hand, Mr. H.A. Ahmed, the learned engaged counsel for the respondent No. 2, who is the informant of this case has submitted that the informant does not have any objection if the petitioner is granted bail by this Page No.# 4/5 Court. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the scanned copy of the case record of Special POCSO Case No. 34/2025, which was requisitioned in connection with this case. 13. On perusal of the scanned copy of the statement of the victim girl recorded under Section 183 of the BNSS, 2023, it appears that she has implicated the petitioner of having committed the offence alleged in this case. Therefore, this Court is of the considered opinion that before consideration of the prayer for bail of the present petitioner, the victim girl is required to be examined as prosecution witness in the pending trial against the present petitioner. 14. The learned counsel for the petitioner submits that the next date of Special POCSO Case No. 34/2025 is fixed on 10.09.2025 and copies of the relevant documents which were submitted, along with the charge sheet are yet to be supplied to the petitioner and charges are yet to be framed. 15. Considering the facts and circumstances of this case, this bail application is disposed of at this stage with a direction to the Trial Court to ensure examination of the victim girl as early as possible, preferably within 45 (forty-five) days from the date of this order. 16. The petitioner shall be at liberty to approach the Trial Court after the victim girl is examined as prosecution witness to seek bail in this case. 17. In that event the application for bail shall be considered by the Trial Court as per law. 18. This bail application is accordingly disposed of. 19. Send a copy of this order to the learned Special Judge, Kokrajhar. Page No.# 5/5 20. The Registry to send the copy of this order. JUDGE Comparing Assistant