Page No.# 1/4 GAHC010203232025 2025:GAU-AS:13768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2966/2025 MAJIDUL HAQUE ALIAS MAJIDUL HOSSAIN SON OF AJGAR ALI R/O VILL- BALAJAN PART-II, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN- 783331. VERSUS THE STATE OF ASSAM AND ANR TO BE REP.BY THE PP, ASSAM 2:MONOWARA BIBI W/O MOYJUDDIN SK. VILL- BALAJAN PT.II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 Advocate for the Petitioner : MR. R ISLAM, B HAZARIKA,T TALUKDAR,MR M Z SHAH Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.10.2025 1. Heard Mr. R Islam, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam and Mr. S Nawaz, learned Legal Aid Counsel appearing for respondent No. 2. 2. By this application filed under Section 483 of the BNSS, 2023 the petitioner has prayed for grant of bail in connection with Special Case No. 194/2025 under Section 137(2)/127(2)/329(4)/64(2)(m) of BNS, 2023 R/W Section 4 of the POCSO Act, pending in the Court of Ld. Additional Sessions Judge cum Special Judge, POCSO, Dhubri. 3. The FIR dated 31.07.2025 lodged by the mother of the victim reveals that the petitioner, on the pretext of marrying her minor daughter on attaining majority, raped her against her will a number of times and that there was also a promise from the side of the petitioner that he would marry her, but, the relatives of the petitioner entered into a conspiracy to get the petitioner marry some other girl. On getting the information the mother of the victim, along with others, went to the house of the petitioner but they were rebuked by them. The police, on completion of the investigation, submitted charge-sheet against the petitioner on 20.08.2025 under the aforementioned Sections of law. Thereafter, the trial started and the victim, along with two other witnesses, was examined by the Ld. Trial Court. Page No.# 3/4 4. Mr. R Islam, learned counsel for the petitioner submits that there was a love affair between the petitioner and the victim and that the petitioner was 21 years of age and the allegation that the petitioner was supposed to marry someone else was concocted. 5. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, on perusal of the Case Diary, submits that there was a love affair between the petitioner and the victim which was further substantiated by the statement of the victim recorded under Section 183 of the BNSS, 2023 in which she stated that she was in love with the petitioner and she had gone out with him on various occasions. 6. Mr. S Nawaz, learned Legal Aid Counsel appearing for respondent No. 2 also fairly submits that there was a love affair between the petitioner, who was 21 years of age, and the victim, who was 17 years of age and that out of the same, the petitioner and the victim had gone to several places. 7. In view of the contentions made by the learned counsel and in view of the fact that the victim was already examined by the Ld. Trial Court wherein she had stated similar statement as that of her statement under Section 183 of the BNSS, 2023, this Court deems it fit that the petitioner may be released on bail on furnishing of a bail bond of Rs. 20,000/- with 1(one) local surety of the like amount to the satisfaction of the Ld. Trial Court under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or Page No.# 4/4 influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the Ld. Trial Court. 8. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant