Page No.# 1/3 GAHC010247012024 2025:GAU-AS:1534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3087/2024 KUDDUS ALI @ AHMED S/O MD UKIL, RESIDENT OF NAGKE DARANGA, PS. AND DISTRICT TAMULPUR ( BTR), ASSAM, PIN 781367 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, GOVERNMENT OF ASSAM 2:XXX (VICTIM) BEING MINOR REP. BY HER FATHER NAMELY SRI KUMAR CHETRY (AGE 31 YEARS) S/O LATE MADHURAJ CHETRY R/O NANGKE DARANGA PS. AND DISTRICT TAMULPUR(BTR) ASSAM PIN 78136 Advocate for the Petitioner : MR. K K DEKA, MS D RABHA Advocate for the Respondent : PP, ASSAM, MS P DAS, Amicus Curiae(R-2) BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14-02-2025 Heard Mr. K. K. Deka, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms. P. Das, learned Amicus Curiae for the informant/opposite party No.2. Page No.# 2/3 2. Apprehending his arrest, the petitioner, namely, Kuddus Ali @ Ahmed, son of Md. Ukil, resident of Nangke Daranga, Police Station-Tamulpur, District- Tamulpur (BTR) has filed this application under Section 482 BNSS, 2023 seeking pre-arrest bail in Tamulpur Police Station Case No. 204/2024 corresponding to G.R. No.682/2024 registered under Sections 74/75(2) of the BNS, 2023, read with Section 12 of the POCSO Act, 2012. 3. Petitioner submitted that the allegation made against him in the concerned FIR relating to said Tamulpur P.S. Case No. 204/2024 is false, as he is no way connected with the case. 4. The informant/opposite party No.2 on 18.08.2024, lodged a written FIR before the authorities of Darangamela Outpost under Tamulpur Police Station alleging that the petitioner used to threaten his minor daughter, aged about 14 years and used to propose her for love indicating indecent gesture and further told her that if she does not accept her proposal, he will kill her and shall go to jail. On 13.08.2024 at around 3:30 pm, the petitioner, who is his neighbour, came to the courtyard of his house and as his minor daughter did not accept her proposal, threatened her. The said FIR of the informant was accordingly registered as Tamulpur P.S. Case No. 204/2024 corresponding to G.R. No.682/2024 under Sections 74/75(2) of the BNS, 2023, read with Section 12 of the POCSO Act, 2012. 5. Perused the case diary placed before the Court today by Mr. B. Sarma, learned Addl. PP. 6. It is seen that as per the original Birth Certificate of the victim girl, issued on 13.01.2024 by the Registrar of Birth and Death, Kumarikata, the date of birth of the victim girl is 23.11.2010. Page No.# 3/3 7. In her statement recorded under Section 183 BNSS, 2023, by the learned JMFC, Baksa on 20.08.2024, the minor victim girl implicated the petitioner stating that on various pretext, he used to follow her and as she did not accept his proposal, the petitioner threatened her on various occasions and on the date of the incident, he pulled her by her hand, strangulated her as well as assaulted her by touching her breast. 8. Considering such materials in the case diary and the involvement of the petitioner in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, named above, in said Tamulpur P.S. Case No. 204/2024. 9. Accordingly, this pre-arrest bail application of the petitioner, namely, Kuddus Ali @ Ahmed, in said Tamulpur P.S. Case No. 204/2024 stands rejected. 10. Return the case diary. 11. The State Legal Services Authority, Assam shall pay the remuneration to Ms. Priyanki Das, learned Amicus curiae, who assisted the Court, on raising a bill by her. JUDGE Comparing Assistant