Page No.# 1/3 GAHC010255012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3662/2024 MD MAJIBUR RAHMAN S/O- LATE HUSSAIN ALI, A R/O- VILLAGE NO-2, SONAPUR, P.S- BIHPURIA,, PIN-784161 LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM 2:ABDUL HASIM S/O- AGRAB ALI A R/O- VILLAGE- BALIJAN P.S- LALUK DIST-LAKHIMPUR ASSAM PIN-78703 Advocate for the Petitioner : Chandan Talukdar, MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, MR. B BORGOHAIN (R-2),MR B SAIKIA(R-2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 07-01-2025 Page No.# 2/3 Heard Mr. T.K. Bhuyan, the learned counsel for the petitioner and also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1 and Mr. B. Saikia, the learned counsel representing the respondent no. 2 and also the informant. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 22.10.2024 in connection with Laluk P.S. Case No. 170/2024 u/s 65(1)/87 BNS R/W Sec. 4 of POCSO Act. 3. Heard the submissions made by learned counsel for both sides. Also scanned copy of the Case Diary is received and perused the same. 4. It is submitted by Mr. Bhuyan that the present petitioner is innocent and the FIR has been lodged with some false and concocted allegation. However, it is a fact that the victim and the petitioner had love relationship. It is further submitted that the accused/petitioner is behind the bars since last 78 days and considering his length of detention he may be enlarged on bail. However, he is ready and willing to co-operate the Investigating Officer for further investigation of the case if he is granted the privilege of bail. 5. Ms. N. Das, the learned Additional Public Prosecutor submitted in this regard that the victim had incriminated the present petitioner in her statement recorded u/s 164 Cr.PC. However, from the Case Diary also reveals that the victim had love relationship with the accused/petitioner. She further submitted that till date the charge-sheet is not filed and hence considering the length of detention the prayer may be considered with strict conditions of bail. 6. Mr. Saikia, the learned counsel appearing on behalf of the informant also submitted that the petition may be considered wholly on the ground of length of Page No.# 3/3 detention. 7. Hearing the submissions made by learned counsel for both sides, materials available in the Case Diary and also considering the length of detention undergone by the accused/petitioner, I find that further custodial detention may not be required for the interest of the investigation and accordingly I find it proper to allow the petitioner to go on bail. 8. Accordingly, considering the length of detention, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur. The accused/petitioner, namely Md. Majibur Rahman @ Majibur Rahman, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant