Page No.# 1/4 GAHC010244392024 2025:GAU-AS:108 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3037/2024 GOLBAHAR SK S/O JALIL SK RESIDENT OF VILLAGE KODOMTOLI, PS SUKCHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 783128 2: MOZIDUR ISLAM S/O GOLBAHAR SK RESIDENT OF VILLAGE KODOMTOLI PS SUKCHAR DIST SOUTH SALMARA MANKACHAR ASSAM 783128 3: ZIARUL ISLAM S/O NALSHA SK RESIDENT OF VILLAGE KODOMTOLI PS SUKCHAR DIST SOUTH SALMARA MANKACHAR ASSAM 78312 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:CHELEKA BEGUM W/O HASSEN ALI RESIDENT OF VILLAGE CHOTO KAZIRGAON PS SUKCHAR DIST SOUTH SALMARA MANKACHAR ASSAM 78312 Page No.# 2/4 Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 06.01.2025 Heard Mr. A. Z. Ahmed, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. S. Nawaz, learned Amicus Curiae for the respondent No. 2. This is an application under Section 482 of BNS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, who are apprehending arrest in connection with Sukchar P.S. Case No. 72/2024, under Section 140(3)/61(2)/35 of BNS, 2023, added Section 65(1) of BNS read with Section 6(1) of POCSO Act. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Ahmed, learned counsel for the petitioners, that the present 3 (three) petitioners are the parents and family members of the F.I.R. named accused No. 1- Motaleb Sk and they are no way involved in the alleged offence and no case can be made out against these petitioners to attract Section 6 of the POCSO Act, as registered. However, these petitioners are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of pre-arrest bail. He further submitted that prior to lodging of the present F.I.R., the petitioner No. 3 earlier lodged an F.I.R. alleging assault on the accused No. 1 by the family members Page No.# 3/4 of the victim and the anticipatory bail prayer of those petitioners were also rejected by this Court. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that from the materials available in the Case Diary, it is seen that the victim has not implicated the present petitioner Nos. 1 & 3 in this case and there is no involvement of these 2 (two) petitioners, but the petitioner No. 2, along with one Muktadur, had helped the accused No. 1 in kidnapping the minor girl at the relevant time of incident. Accordingly he submitted that the prayer for respondent No. 2 may not be considered at this stage. Mr. Nawaz, learned Amicus Curiae for the respondent No. 2, also submitted that as it is submitted by the learned Additional Public Prosecutor, there are some materials against the petitioner No. 2 who had helped the accused No. 1 in kidnapping the minor victim on the day of incident. Accordingly, he submitted that the prayer for petitioner No. 2 may not be considered at this stage. However, he fairly submitted that Section 6 of POCSO Act may not be attracted against the present petitioner No. 2. Considering the submissions made by the learned counsels appearing on behalf of the parties and also on perusal of the case record etc., I find that custodial interrogations of the present accused/petitioner Nos. 1 & 3 are not necessary in this case and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner Nos. 1 & 3. However, the prayer for petitioner No. 2 cannot be considered at this stage and accordingly, his anticipatory bail prayer is rejected. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Golbahar Sk & (ii) Ziarul islam, in connection with Sukchar P.S. Case No. Page No.# 4/4 72/2024, under Section 140(3)/61(2)/35 of BNS, 2023, added Section 65(1) of BNS read with Section 6(1) of POCSO Act, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioners 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 him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of in terms above. The Case Diary be sent back. JUDGE Comparing Assistant