Page No.# 1/5 GAHC010216032024 2025:GAU-AS:299 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2756/2024 YAR RAHMAN SHAH @ YAR MOHAMMAD S/O MINAR HUSSAIN, VILL- BORO BAGHJHAPA, P.S.-SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128 (REPRESENTED BY HIS MATERNAL UNCLE, ABU TAHER SK) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ABU SHAHIDUR RAHMAN @ ISLAM S/O ABUL KASHEM VILL- BORO BAGHJHAPA P.S.-SUKCHAR DIST- SOUTH SALMARA-MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MR. A Z AHMED, Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae(R BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08-01-2025 Heard Mr. A. Z. Ahmed, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms. Page No.# 2/5 M. K. Brown, learned Amicus Curiae, for the respondent No.2. 2. Apprehending his arrest, the petitioner, namely, Yar Rahman Shah @ Yar Mohammad, son of Minar Hussain, resident of Village- Boro Baghjhapa, P.S.-Sukchar, District- South Salmara, Mankachar has filed this application under Section 482 BNSS, 2023 seeking pre-arrest bail in Sukchar Police Station Case No.51/2024 corresponding to G.R. No.389/2024 registered under Sections 61(2)/75/79/62 BNS, 2023, read with Section 8 of the POCSO Act, 2012. 3. According to the petitioner, on the date of the incident i.e., on 28.08.2024, he was a minor as his date of birth is 20.02.2007 as per the Birth Certificate issued by the authorities concerned under Sukchar Mini Public Health Centre, copy of which has been annexed to this petition. 4. As per the FIR dated 31.08.2024, lodged by the informant before the Officer-in- Charge of Sukchar Police Station, the allegation against the petitioner is that the daughter of the informant, who is of 16 years of age is facing difficulties to go out of her house and/or to her school as the petitioner used to disturb her by obstructing her road, used slang language and by threatening her while she used to go to attend her school and also on her return. It is stated that on 28.08.2024, in the afternoon around 02:45 pm when his minor daughter was returning from her school with her friends, the petitioner suddenly appeared before her and forcefully pulled her hand, so as to take her with him but as she and her colleague made hue and cry, the local resident came out of their house and the petitioner fled away from the scene. It is also stated that even on 27.08.2024 in the morning when she was going to her school, the petitioner forcefully pulled her, but the people in the road when objected to it, the petitioner left the scene and she was rescued. In the FIR, the informant further stated that about 3 months back the petitioner kidnapped his said minor daughter but because of intervention of the aged people of the village and due to mutual agreement, the FIR in that regard was not lodged. Page No.# 3/5 5. The petitioner submitted that he has been falsely implicated in the case and is having a love affair with the victim girl. He also stated that on the date of the incident on 28.08.2024, the victim girl on her own came out of her house so as to marry the petitioner, but due to intervention of the father of the petitioner, the victim girl, accordingly left his house and returned to her home. As both the petitioner and the victim girl are minors in age, they proposed to marry on attaining the age of majority. Hence, this pre-arrest bail application by the petitioner. 6. Though petitioner claimed that as per his Birth Certificate, his date of birth is 20.02.2007 and as such on the date of the incident on 28.08.2024, he was 17 years 6 months 8 days, i.e., a minor, but on perusal of the Birth Certificate annexed by the petitioner in this bail application, it is seen that it was issued on 04.02.2019 with Registration No.21/2019 by the Registrar of Birth and Death, Sukchar Mini Public Health Centre reflecting his date of birth as 20.02.2007. On being enquired, the petitioner failed to state any reason as to how and in what process he procured the Birth Certificate on 04.02.2019 after about 12 years showing his date of birth as 20.02.2007. As such, the claim of the petitioner that he is a minor at the time of the incident on the basis of such Birth Certificate procured by him in the year 2019 showing his date of birth as 20.02.2007 cannot be accepted. 7. Mr. Parasar, learned APP from the case diary submitted that the victim girl in her statement recorded under Section 183 BNSS by the learned Judicial Magistrate, First Class, South Salmara, Mankachar on 02.09.2024 though indicated that on 28.08.2024, the petitioner forcefully pulled her hand and also fired her by slang language obstructing their way to home from school but as they made hue and cry, he fled away from the scene but did not commit any other bad act. 8. Ms. Brown, learned Amicus Curiae appearing for the informant/respondent No.2 submitted that as on the date of the incident, the victim girl was with her colleague from the same school, if the petitioner is released on bail, he may by inducing the eye Page No.# 4/5 witnesses or other witnesses even by threatening them restrict them from submitting the true facts before the Court. As such, even if the petitioner is considered for bail, appropriate conditions may be incorporated in that regard. 9. On perusal of the case diary, it is seen that the victim girl in her statement recorded under Section 183 BNSS before the learned JMFC, implicated the petitioner to the extent that he pulled her hand and obstructed her way on her return to her residence after the school hours stating that he did not commit any other bad act with her. 10. The statements recorded by the concerned Investigating Officer of the case, the acquainted witnesses of the facts of the case also stated that prior to the said incident, the petitioner kidnapped the victim girl, but because of interference of the local villagers, the victim girl was recovered and the matter was settled at the village level itself, for which no FIR to that incident was lodged. 11. The medical report dated 01.09.2024 issued by the Medical and Health Officer-I, District Hospital, Hatsingimari available with the case diary indicates that the victim girl sustained tenderness in her right forearm as well as in her left leg. 12. Considering such materials in the case diary, this Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Sukchar P.S. Case No.51/2024. As such, this pre-arrest bail application of the petitioner is accepted. 13. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Yar Rahman Shah @ Yar Mohammad, son of Minar Hussain in said Sukchar P.S. Case No.51/2024, he shall be released on bail on furnishing a bail bond of Rs.50,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of said Sukchar P.S. Case No.51/2024 on or before 16.01.2025 and thereafter, as and when he is required for necessary Page No.# 5/5 investigation of said Sukchar P.S. Case; (ii) shall not leave the territorial jurisdiction of the Sukchar 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 and (vi) shall not threat the minor victim girl or anyone in her family as well as her colleagues, who were with the victim at the time of the incident on 28.08.2024 by himself or by others, acting on his behalf. 14. Any violation of the aforesaid terms and conditions by the petitioner namely, Yar Rahman Shah @ Yar Mohammad, the bail granted to him in said Sukchar P.S. Case No. 51/2024 shall stand automatically vacated. 15. The bail application accordingly stands disposed of to the extent above. 16. Gauhati High Court Legal Services Authority shall pay the remuneration to Smt. Manisha Karen Brown, learned Amicus Curiae for assisting the Court in adjudicating this case, on raising a bill. 17. Return the case diary. JUDGE Comparing Assistant