Page No.# 1/5 GAHC010248072024 2025:GAU-AS:283 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3595/2024 AHIDUL SK @ AHIDUL ISLAM S/O SAHJAHAN SK. R/O VILL- PACHIM BHADRAGAON, P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:HAJERA BIBI W/O JAHOR ALI SHEIKH R/O WEST BHADRAGAON P.S. AND DIST. BONGAIGAON ASSAM PIN-783380 MOBILE NO. 600006792 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. M Khan, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam, for the State. Also heard Mr. D Gogoi, learned Amicus Curiae for the informant/respondent No. 2. 2) The petitioner, namely, Ahidul Sk. @ Ahidul Islam, son of Sahjahan Sk., resident of village Pachim Bhadragaon, Police Station-Bongaigaon, District-Bongaigaon has filed this application under Section 483 BNSS, 2023, praying for his bail in Special (POCSO) Case No. 115 (BGN)/2024, arising out of Bongaigaon Police Station Case No. 319/2024, registered under Section 6 of the POCSO Act, 2012, wherein, he was arrested on 17.09.2024 and is in custody since then. 3) By order dated 27.11.2024, the Court called for the records of said Special (POCSO) Case No. 115 (BGN)/2024 from the Court of learned Special Judge (POCSO), Bongaigaon. 4) As per the FIR of the case dated 15.09.2024 lodged by the informant/respondent No. 2 before the authorities of Bidyapur Outpost under the jurisdiction of Bongaigaon Police Station, the allegation against the petitioner is that on 15.09.2024 in the afternoon at around 01:00 P.M., her son, aged 8 years was taken towards the side of a nearby river by the petitioner, who is 17 years of age and was sexually assaulted by the petitioner. When her minor son returned home, she found him crying and upon enquiry, the minor son informed her about the said incident. 5) Accordingly, said written ejahar of the informant/respondent No. 2 was registered as Bidyapur Outpost G.D Entry No. 274/2024 dated 15.09.2024 and was thereafter forwarded to the Bongaigaon Police Station, wherein it was registered as Bongaigaon Police Station Case No. 319/2024 under Section 6 of the POCSO Act, 2012. Page No.# 3/5 6) The petitioner was taken into custody on 17.09.2024 and was also produced before the learned Special Judge (POCSO), Bongaigaon on 17.09.2024. 7) In the meanwhile, after completion of the investigation of the case, police submitted charge-sheet in said Bongaigaon P.S. Case No. 319/2024 on 30.10.2024 and the Court of the learned Special Judge (POCSO), Bongaigaon framed charges against the petitioner under Section 6 of the POCSO Act, 2012 on 29.11.2024 in said Special (POCSO) Case No. 115 (BGN)/2024. 8) Perused the statement of the minor victim boy recorded under Section 183 BNSS by the learned Sub-Divisional Judicial Magistrate, Bongaigaon on 17.09.2024 as well as that of the informant recorded by the learned S.D.J.M, Bongaigaon on the same date. Also perused the medical report of the minor victim boy dated 15.09.2024, issued by the Medical and Health Officer-I, Bongaigaon Civil Hospital, Majgaon, Bongaigaon. 9) On perusal of the FIR of the case dated 15.09.2024, the statement of the minor victim boy recorded under Section 183 BNSS by the learned S.D.J.M, Bongaigaon on 17.09.2024 as well as his medical report dated 15.09.2024 issued by the Medical and Health Officer-I, Bongaigaon Civil Hospital, Majgaon, Bongaigaon, the Court finds that there are sufficient discrepancies in the case relating to such allegation of sexual assault on the minor victim boy, as being narrated in the FIR of the case dated 15.09.2024. 10) Considering the above, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of the case. As such, this bail application of the petitioner in said Special (POCSO) Case No. 115 (BGN)/2024, arising out of Bongaigaon P.S. Case No. 319/2024 is accepted. 11) Accordingly, the petitioner, namely, Ahidul Sk. @ Ahidul Islam, son of Sahjahan Sk., be released on bail in said Special (POCSO) Case No. 115 (BGN)/2024, arising out of Bongaigaon P.S. Case No. 319/2024 on furnishing a bail bond of Rs. 25,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Special Judge Page No.# 4/5 (POCSO), Bongaigaon, subject to the conditions that the petitioner, named above — i) shall appear before the Court of learned Special Judge (POCSO), Bongaigaon in said Special (POCSO) Case No. 115 (BGN)/2024, arising out of Bongaigaon P.S. Case No. 319/2024 on the dates the said case is fixed and also as and when he is required in the said case; ii) shall not leave the territorial jurisdiction of the Court of learned Special Judge (POCSO), Bongaigaon, without obtaining prior written permission from the said authority; 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; v) shall not threat the victim, his parents or any members of his family or his friends present at the time of the incident or their family members, by himself or by anyone or by others, acting on his behalf and; vi) shall not involve himself in any criminal activities in the future. 12) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Ahidul Sk. @ Ahidul Islam, son of Sahjahan Sk., the bail granted to him in said Special (POCSO) Case No. 115 (BGN)/2024, arising out of Bongaigaon P.S. Case No. 319/2024, presently pending before the Court of learned Special Judge (POCSO), Bongaigaon shall stand automatically vacated. 13) This bail application accordingly stands allowed to the extent above. 14) The Gauhati High Court Legal Services Committee shall pay the remuneration to Mr. D Gogoi, learned Amicus Curiae who appeared for the informant/respondent No.2 as Page No.# 5/5 being appointed by the Court and assisted the Court in adjudicating this matter, on raising a bill by him. JUDGE Comparing Assistant