Page No.# 1/4 GAHC010248892024 2025:GAU-AS:1720 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3137/2024 MUKSAD ALI @ MOKSED ALI AND ANR S/O LATE TALAB ALI R/O VILL- PADUPARI, P.S. DALGAON DIST. DARRANG, ASSAM, 2: MUKTARUL HUSSAIN @ MUKTARUL HOQUE S/O MUKSAD ALI @ MUKSED ALI R/O VILL- PADUPARI P.S. DALGAON DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:INNAJUL HOQUE S/O KAIRAT ALI VILL CHAKARABASTI P.S. DALGAON DIST. DARRAN Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,A. K. KANU Advocate for the Respondent : PP, ASSAM, SADDAM HUSSAIN(R-2),MR. D GOGOI (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 18.02.2025 Heard Mr. M Ahmed, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending their arrest, the petitioners, namely, (i) Muksad Ali @ Moksed Ali, son of late Talab Ali and (ii) Muktarul Hussain @ Muktarul Hoque, son of Muksad Ali @ Moksed Ali, both resident of village–Padupari, Police Station-Dalgaon, District-Darrang have filed this application under Section 482 of the BNSS, 2023, praying for their pre-arrest bail in Dalgaon Police Station Case No. 166/2024 registered under Sections 376(1)/354(C)/387/506 IPC read with Sections 4/12 of the POCSO Act, corresponding to G.R. No. 685/2024. 3. Petitioner No. 1 is the father of the petitioner No. 2. 4. As per the FIR dated 29.07.2024, prosecution’s case is that the informant/respondent No. 2 lodged the FIR alleging that promising to marry his minor sister the petitioner No. 2 had committed sexual relation with her, videgraphed such acts, which he later showed to the villagers and family members of the informant and demanded Rs. 5,00,000/- from the informant to delete the said obscene video of his minor victim sister. 5. Mr. Ahmed, learned counsel for the petitioners has submitted that two of the accused persons of the case were earlier arrested in the case, who were later released on bail. 6. From the case diary placed before the Court today by Mr. B Sharma, learned APP, Assam, it is seen that police have seized the original Admit Card of High School Leaving Certificate Examination, 2023 issued in the name of the minor victim girl, which goes to show that her date of birth is 08.01.2008. As such, at the time of the incident, the victim girl was about 16 years 6 month old. 7. In her statement recorded under Section 164 CrPC before the learned Judicial Magistrate First Class, Mangaldai on 30.07.2024, the minor victim girl implicated the petitioner No. 2, stating that she knew the accused petitioner No. 2 who proposed her, which she rejected. When she Page No.# 3/4 visited the house of her elder sister, the accused petitioner No. 2 came to the house of her elder sister, when her brother-in-law and elder sister were not available in their house. Taking advantage of the situation, accused petitioner No. 2 forcefully established sexual relation with her, inspite of her resistance and objection and also videographed such acts without her knowledge. Sometime later, he had shown those videos of obscene scene of the victim girl to her and she requested him to delete, but he did not and later had shown it to the villagers and her family members and started demanding money to delete the said obscene video of her. 8. In her said 164 CrPC statement, the minor victim girl stated that except the mother of the accused petitioner No. 2, others demanded money from her family members. 9. On perusal of the case diary, it is seen that inspite of issuing notice to the petitioner No. 2, even under the BNSS, 2023, he did not appear before the concerned Investigating Officer of the case. 10. Case diary also reveals that the petitioner No. 2 is having the obscene video of the minor victim girl, which he had shown to the villagers and relatives of the informant. Statements of the independent witnesses so far recorded by the concerned I.O. of the case to that extent approves the same. 11. Considering such incriminating materials in the case diary regarding the involvement of the petitioner No. 2 in the alleged offence, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner No. 2, namely, Muktarul Hussain @ Muktarul Hoque, son of Muksad Ali @ Moksed Ali, in said Dalgaon P.S. Case No. 166/2024. 12. Accordingly, pre-arrest bail application of the petitioner No. 2, Muktarul Hussain @ Muktarul Hoque in said Dalgaon P.S. Case No. 166/2024 stands rejected. 13. However, as the independent witnesses of the case did not implicate the petitioner No. 1, father of the petitioner No.2, namely, Muksad Ali @ Moksed Ali, son of late Talab Ali, as can be seen on perusal of the case diary, pre-arrest bail application of the petitioner No. 1 in said Dalgaon P.S. Case No. 166/2024 is accepted. 14. Accordingly, it is provided that in the event of arrest of the petitioner No.1, namely, Muksad Ali @ Moksed Ali, son of late Talab Ali in said Dalgaon P.S. Case No. 166/2024, he shall be released on bail on furnishing bail bond of Rs.40,000/-, with two local sureties, each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioner No.1, Page No.# 4/4 named above – (i) shall appear before the Investigating Officer of said Dalgaon P.S. Case No. 166/2024 during the office hours on or before 25.02.2025, and thereafter, as and when he is required for necessary investigation of said Dalgaon P.S. Case; (ii) shall not leave the territorial jurisdiction of Dalgaon 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; (v) shall not threat, harass, disturb or stalk the victim girl of said Dalgaon P.S. Case No. 166/2024, or anyone of her family members, by himself or by anyone acting on his behalf and shall never come to the vicinity of the victim girl or anyone of her family, physically or by any other means, either through telephone, mobile, whatsapp or any other mode of communication personally or through others on his behalf and (vi) shall not indulge himself in any criminal activities. 15. Violation of any of the aforesaid terms and conditions by the petitioner No. 1, Muksad Ali @ Moksed Ali, the pre-arrest bail granted to him in the aforementioned Dalgaon P.S. Case No. 166/2024 shall stand automatically vacated. 16. This pre-arrest bail application accordingly stands disposed of. 17. Return the case diary. JUDGE Comparing Assistant