Page No.# 1/5 GAHC010151222024 2025:GAU-AS:2173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1984/2024 NUR ALAM MONDAL@ NUR ALOM MANDAL, S/O AJIJ MONDAL, PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM 2: ARJINA KHATUN @ ARJINA BIBI W/O MIZANUR RAHMAN PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 3: PARBIN BIBI@ AZIDA PARVIN D/O AJIJ MONDAL PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 4: AJIJ MANDAL @ AJIJ MONDAL S/O FAJAR MANDAL PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 5: ABUL HUSSAIN MONDAL @ ABUL MONDAL S/O FAJAR ALI MONDAL PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM Page No.# 2/5 6: SAFIYA BIBI D/O FOJOR MONDAL PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 7: RAFIKUL MONDAL @ ROFIKUL HOSON MONDAL S/O ABUL HUSSAIN MONDAL PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 8: ALI HOSSAIN SHEIKH @ ALI HUSSAIN S/O ABDUS SAMAD SK PERMANENT RESIDENT OF VILLAGE SHIMULTAPU NO. 3 PS GOSSAIGAON DIST KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:AYUB ALI SK S/O SULTAN ALI SK PERMANENT RESIDENT OF VILLAGE SHIMULTAPU PS GOSSAIGAON DIST KOKRAJHAR ASSA Advocate for the Petitioner : MR A W AMAN, SAMIM RAHMAN,MR S A BARBHUYAN,MR SARFRAZ NAWAZ,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MR. R ISLAM (R-2) BEFORE Page No.# 3/5 HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03.03.2025 Heard Mr. S. Nawaz, learned counsel for the petitioners and Ms. N. Das, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending their arrest, the petitioners, namely, (i) Nur Alam Mondal @ Nur Alom Mandal, son of Ajij Mondal; (ii) Arjina Khatun @ Arjina Bibi, wife of Mizanur Rahman; (iii) Parbin Bibi @ Azida Parvin, daughter of Ajij Mondal; (iv) Ajij Mandal @ Ajij Mondal, son of Fajar Mandal; (v) Abul Hussain Mondal @ Abul Mondal, son of Fajar Ali Mondal; (vi) Safiya Bibi, daughter of Fojor Mondal; (vii) Rafikul Mondal @ Rofikul Hoson Mondal, son of Abul Hussain Mondal and (viii) Ali Hossain Sheikh @ Ali Hussain, son of Abdus Samad Sk., all resident of village-Shimultapu No. 3, Police Station- Gossaigaon, District-Kokrajhar by filing this application under Section 482 BNSS, 2023 have prayed for their pre-arrest bail in Gossaigaon Police Station Case No. 101/2024, registered under Sections 448/ 354/ 325/ 506/ 34 IPC with added Section 376 IPC read with Section 6 of the POCSO Act, 2012, corresponding to G.R. No. 113/2024. 3) Mr. Nawaz, learned counsel appearing for the petitioners submitted that by order dated 13.12.2024 passed earlier in this proceeding, the interim bail granted to the petitioner Nos. 2, 3, 4, 5, 6 and 8 on 27.11.2024 were made absolute. 4) On the said date, i.e., 13.12.2024, the petitioner No. 1 was granted interim bail, pursuant to which, he appeared before the concerned Investigating Officer of said Gossaigaon P.S. Case No. 101/2024 and his statement was accordingly recorded by the concerned Investigating Officer of the case. 5) As per the FIR dated 25.06.2024 lodged by the informant before the Shimultapur Outpost under the jurisdiction of Gossaingaon Police Station, the case is that when the informant with his father went out of their house for marketing on 24.06.2024 around 12:30 PM, the FIR named accused person Nur Hoque Mondal, son of Ajij Mondal entered his house and tried to commit rape on his minor daughter. At that stage, the informant along with his father entered the house on their return from the market and somehow recovered the victim girl and apprehended the accused person Nur Hoque Mondal. When the said incident was Page No.# 4/5 informed to the father of the accused petitioner Nur Hoque Mondal, namely Ajij Mondol, he, along with other accused persons of the case, came to the house of the informant with arms and weapons, assaulted them and took away the accused person Nur Hoque Mondal. 6) In the said FIR dated 25.06.2024, the informant also stated that the accused Nur Hoque Mondal used to disturb his minor daughter whenever he used to meet her by proposing her and also by proposing to have sexual relation with her and further, he used to call her over phone regularly, which the petitioner’s minor daughter refused to accept. 7) Said FIR of the informant was registered as Shimultapur Outpost G.D.E. No. 007 dated 26.06.2024, which was forwarded to the Gossaigaon Police Station and was accordingly registered as Gossaigaon Police Station Case No. 101/2024. 8) Later, on the prayer of the Investigating Officer of the case, the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon by order dated 01.07.2024 allowed to add Section 376 IPC read with Section 6 of the POCSO Act, 2012 in said Gossaigaon P.S. Case No. 101/2024. 9) From the case diary placed before the Court today by Ms. N. Das, it is seen that there is no medical report relating to the injuries claimed by the informant and his family members. 10) Further, from the statement of the victim girl recorded under Section 164 Cr.P.C by the learned Sub-Divisional Judicial Magsitrate, Gossaigaon on 27.06.2024, it is seen that the victim girl implicated the petitioner Nur Hoque Mondal, son of Ajij Mondal, resident of village- Shimultapu No. 3, Police Station-Gossaigaon, District-Kokrajhar. 11) Considering the materials in the case diary and on hearing the parties, the interim bail granted to the petitioner No. 1, namely, Nur Alam Mondal @ Nur Alom Mandal, son of Ajij Mondal, on 13.12.2024 in said Gossaigaon P.S. Case No. 101/2024 is hereby made absolute, subject to the compliance of the same terms and conditions specified in the order dated 13.12.2024, passed earlier in the present proceeding. 12) With regard to petitioner No. 7, considering the materials in the case diary placed before the Court today by Ms. N. Das, learned Additional Public Prosecutor, Assam, the Court is of the view that custodial detention of the petitioner No. 7, namely, Rafikul Mondal @ Rofikul Hoson Mondal, son of Abul Hussain Mondal is not warranted for investigation of said Gossaigaon P.S. Case No. 101/2024. Hence, this pre-arrest bail application of the Page No.# 5/5 petitioner in said Gossaigaon P.S. Case No. 101/2024 is accepted. 13) Accordingly, it is provided that in the event of arrest of the petitioner No. 7, namely, Rafikul Mondal @ Rofikul Hoson Mondal, son of Abul Hussain Mondal, in said Gossaigaon P.S. Case No. 101/2024, he shall be released on bail, on furnishing bail bond of Rs 50,000/- with 2 (two) local sureties, each of the like amount, to the satisfaction of the arresting authority, subject to the conditions that he – (i) shall appear before the concerned Investigating Officer of Gossaigaon P.S. Case No. 101/2024 as and when he is required for necessary investigation of said Gossaigaon P.S. Case No. 101/2024; (ii) shall not leave the territorial jurisdiction of the Gossaigaon police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (v) shall not threat the victim girl or any other members of her family, by himself or by anyone or by others, acting on his behalf and (vi) shall not involve himself in any criminal activities in the future. 14) Any violation of the aforesaid terms and conditions by the petitioner No. 1, namely, Nur Alam Mondal @ Nur Alom Mandal, son of Ajij Mondal and petitioner No. 7, namely, Rafikul Mondal @ Rofikul Hoson Mondal, son of Abul Hussain Mondal, the pre-arrest bail granted to them in said Gossaigaon P.S. Case No. 101/2024 shall stand automatically vacated. JUDGE Comparing Assistant