Page No.# 1/4 GAHC010171812025 2025:GAU-AS:11282 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1890/2025 TARIKAT ALI ALIAS TARIKADDIN SON OF LATE KOLU MAHAJAN RESIDENT OF PATUAKATA P.O. PATUAKATA DIST. MORIGAON, ASSAM PIN-782104. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY TH LEARNED PP, ASSAM 2:ANJUMA BEGUM W/O RAHMAN ALI RESIDENT OF PATUAKATA P.O. PATUAKATA DIST. MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR. M DUTTA, MR K M BORA Advocate for the Respondent : PP, ASSAM, MS. A KHARBANI (R-2),MR. D CHOUDHURY (R- 2),MR T CHAKRABORTY (R-2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.08.2025 Page No.# 2/4 Heard Mr. M. Dutta, learned counsel for the petitioner and K. K. Das, learned Addl. P.P., Assam for the State. 2. By this application under Section 482 of the BNSS, 2023 the petitioner has prayed for pre-arrest bail in connection with Mikirbheta P.S. Case No.61/2025 registered under Section 329(4) of the BNS read with Section 4 of the POCSO Act . 3. The F.I.R. dated 21.05.2025 lodged by the mother of the victim reveals that the petitioner who was around 50 years of age entered her house without her permission and went into the room of her minor son who was aged about 16 years and forcefully raped him by gagging his mouth. The informant further stated that when she went to look for him, she found her son was trying to hang himself with a scarf. It is also stated that two of the relatives who were nearby broke opened the door and they found the victim hanging and that the victim was taken to the hospital and he was treated. The police on receipt of the ejahar registered the case under the aforesaid sections of law. 4. Mr. M. Dutta, learned counsel appearing for the petitioner submits that Section 4 of the POCSO Act is not attracted in the case inasmuch as the petitioner had not raped the victim. He further submits that as per the written objection filed by the Investigating Officer the I.O. had stated that the victim boy revealed in his statement that the petitioner was trying to Page No.# 3/4 rape him and that the same is corroborated by the statement of the eye- witnesses. On these grounds, the learned counsel for the petitioner prays that bail may be granted to the petitioner. 5. Mr. K. K. Parashar, learned Addl.P.P., by relying on the Case Diary submits that the victim in no unclear terms has stated that the petitioner tried to insert his private part into his anus in his room. He also submits that there are eye-witnesses to the incident who had stated that when they went inside the room they saw the petitioner doing bad act upon the victim. 6. Mr. D. Choudhury, learned counsel for the respondent No.2 has, however, by filing an affidavit has stated that the informant has no objection if the bail is granted to the petitioner by imposing stringent conditions. 7. I have heard the learned counsel for the parties and have gone through the records. 8. It is noticed that in the F.I.R. it was stated that the petitioner had raped the victim by entering into his house without permission and that the victim boy after the incident tried to commit suicide. However, in the statements of the victim it is reflected that the petitioner had tried to insert his private parts into his anus. The other witnesses have although stated that they saw the petitioner doing bad act on the victim, however, Page No.# 4/4 they had not stated about the actual occurrence of rape. 8. In view of the overall facts and circumstances of the case, it is, therefore, directed that in the event of arrest of the petitioner in connection with the aforesaid case, he may be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties to the satisfaction of the arresting authority under the following conditions :- (1) That the petitioner will cooperate with the investigation and appear before the I.O. as and when called for. (2) That the petitioner shall not tamper with the evidence or influence any witness who is connected to the said case. (3) That the petitioner shall not leave the jurisdiction of the concerned Chief Judicial Magistrate without leave of the said authority. The Bail Application stands disposed of. JUDGE Comparing Assistant