Page No.# 1/4 GAHC010196702024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2509/2024 SAIFUL ALI S/O- WAZED ALI, PERMANENT R/O VILLAGE MOKRAMBIL, P.S- GOSSAIGAON, DIST-KOKRAJHAR , ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:ABUL KASEM S/O- LATE ABDUL HAKIM PERMANENT R/O VILLAGE MOKRAMBIL P.S- GOSSAIGAON DIST-KOKRAJHAR ASSA Advocate for the Petitioner : TAWHID ALOM LASKAR, SAMIM RAHMAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, MR S ISLAM (R-2), BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.02.2025 1. Heard Mr. S. Nawaz, the learned counsel for the petitioner. Also Page No.# 2/4 heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S. Islam, the learned counsel for the respondent No. 2. 2. This application under Section 482 of the BNSS has been filed by the petitioner, namely, Saiful Ali, who is aged about 22 years, apprehending his arrest in connection with Gossaigaon P.S. Case No. 121/2024 under Section 64 of BNS, 2023 read with Section 6 of POCSO Act, 2012. 3. The gist of accusation in this case is that on 13.07.2024, the father of the victim girl had lodged an FIR before the Officer-In-Charge of Tulsibeel Police Station, inter alia, alleging that on 11.07.2024, at around 7:30 PM, the present petitioner lured his minor daughter, aged about 16 years on pretext of marrying her, took her to the jungle nearby and raped her. 4. The learned counsel for the petitioner has submitted that the petitioner and the victim girl are in romantic relationship and they were deeply involved with each other in spite of disapproval from their families. 5. It is also submitted by the learned counsel for the petitioner that on the day of alleged incident, they agreed to meet at a secluded place, where they were spotted by two co-villagers and accordingly, the FIR ensued thereafter. 6. The learned counsel for the petitioner submits that since there was no collusion or any criminal intent on the part of the petitioner and since he is willing and ready to co-operate in the investigation, he may be Page No.# 3/4 allowed to go on anticipatory bail. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Gossaigaon P.S. Case No. 121/2024 and has submitted that though there appears to be a romantic relationship between the victim as well as the petitioner, however, the victim has implicated the present petitioner of having forceful sexual intercourse in her statement which was recorded under Section 183 of the BNSS. 8. The learned Additional Public Prosecutor therefore, opposes the grant of anticipatory bail to the present petitioner. 9. On the other hand, Mr. S. Islam, the learned counsel for the respondent No. 2 has submitted that the victim was having a romantic relationship with the petitioner. He also submits that the family of both the victim as well as the petitioner have agreed and decided that the victim girl on attaining the majority, she would be married to the petitioner. He also submits that neither the informant nor the victim has any objection if anticipatory bail is granted to the present petitioner. 10. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record. Though in the statement made by the victim girl under Section 183 of the BNSS, there are incriminating materials against the present petitioner, however, in view of the fact that the victim girl as well as the informant are not opposing the grant of anticipatory bail as well as in view of the fact that there appears to be a romantic relationship between the petitioner and the victim girl, this Court is of considered opinion that if Page No.# 4/4 the petitioner co-operates with the investigation, his custodial detention may not be necessary for fair completion of the investigation of Gossaigaon P.S. Case No. 121/2024 . 11. In view of the above, the above-named petitioner, is hereby directed to appear before the Investigating Officer of Gossaigaon P.S. Case No. 121/2024 within a period of 10(ten) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with Gossaigaon P.S. Case No. 121/2024, the above named-petitioner shall be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 12. This anticipatory bail is accordingly disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant