Page No.# 1/5 GAHC010150042025 2025:GAU-AS:10801 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1596/2025 SAKIL AHMED SON OF LATE TAFAJUL ALI R/O VILL- UTTAR LAFASAIL P.O. LAKHI BAZAR, P.S. KARIMGANJ DIST. SRIBHUMI, ASSAM PIN-788709. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KHASRU MIA (FATHER OF VICTIM) S/OLT. TAYAB ALI R/O VILL- UTTAR LAFASAIL P.O. LAKHI BAZAR P.S. KARIMGANJ DIST. SRIBHUMI ASSAM PIN-788709 Advocate for the Petitioner : MR A T M HUSSAIN, MRS M ALOM Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, Amicus Curiae,(R-2) Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.08.2025 Heard Mr. A.T.M Hussain, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor appearing for the State and Mr. N. Mahajan, learned Amicus Curiae appearing for respondent No. 2. This is an application by which the petitioner has prayed for pre arrest bail in connection with Karimganj P.S. Case No. 280/2025 of BNS read with Section 6 of POCSO Act, 2012. The FIR dated 11.06.2025 lodged by the father of the victim reveals that when his minor daughter, 17 years of age went out to attend to the call of nature on 09.06.2025 at about 2:30 pm, the petitioner took her forcibly towards the back side of the house and raped her against her will. It was also stated in the FIR that the brother of the victim went to the place of occurrence on hearing her cry and caught the accused person red handed. It was also stated that the brother of the victim brought the accused person to his house i.e. accused person house and complained it to the elder brother of the accused person who however, did not give any response. On receipt of the said FIR, the Page No.# 3/5 police registered the case under the aforesaid section. Mr. A.T.M Hussain submits that there was a cross FIR lodged by the petitioner himself wherein he had stated that the brother of the victim came to his house and assaulted him upon his head and various parts of the body with wooden lathi with the intention to kill him and in the process he as well as his brother got injured. The counsel for the petitioner has also annexed the medical certificate showing that the petitioner was injured on his head. As such, the petitioner refutes the allegations made in the instant FIR and states that he may be allowed to go on bail. Mr. B. Sharma, learned Addl. Public Prosecutor submits that the ingredients of the section is present in the FIR that the petitioner has forcibly raped the victim. He has also placed the statement of the victim recorded under Section 183 of BNSS wherein she had stated that the petitioner has assaulted her and forcefully raped against her will. Mr. N. Mahajan, learned Amicus Curiae had placed that the petitioner have made certain unusual statements in the pleadings of the petition and further submits that the victim was forcefully raped by the accused person which is very much present in the FIR and as such, he prayed that no bail should be granted to the petitioner. I have heard the counsels for both the parties. Page No.# 4/5 It is noticed in the FIR filed by the petitioner that the incident of assault on him had taken place at 2:00 pm on 09.06.2025, whereas, in the instant FIR lodged by the father of the victim, the incident was stated to have happened at 2:30 pm on 09.06.2025 i.e. on the same day. Be that as it may, the statement of the victim before the Magistrate shows that the brother of the victim came to the place of occurrence and seeing both of them in a compromising position slapped both the accused and the victim. It is reflected from the evidence on record that the petitioner and the victim were in love relationship and unfortunately the incident occurred. Further the age of the victim is yet to be proved as to find out whether she is a minor at the time of the occurrence. In view of the same, the petitioner be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with 2 (two) local sureties of the like amount to the satisfaction of the arresting authority under the following conditions:- 1) The petitioner should co-operate with the investigation and should appear before the Investigating Officer as and when called for. 2) He will not tamper with the evidence and will not contact or approach the victim girl. Page No.# 5/5 3) He will not leave the jurisdiction of the CJM without his leave. The petition is disposed of. JUDGE Comparing Assistant