Page No.# 1/4 GAHC010267572024 2025:GAU-AS:211 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3300/2024 RIAJUL ABEDIN @ RIAJUL ISLAM AND ANR. S/O KABIR AHMED R/O ATTER DIGERPER, P.S. BADARPUR, DIST. SRIBHUMI , ASSAM 2: KABIR AHMED S/O LT JOMIR UDDIN R/O VILL ATOR DIGIRPER P.S. BADARPUR DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:FARIDA BEGUM W/O AHAD UDDIN VILL- RONGPUR P.O. MORJATKANDI DIST. SRIBHUMI (KARIMGANJ) ASSA Advocate for the Petitioner : MR. J M A CHOUDHURY, MR. A B T HAQUE,L P BORAH Advocate for the Respondent : PP, ASSAM, MR. A K AZAD (R-2),MR K UDDIN(R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 07/01/2025 Heard Mr. J M A Choudhury, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the opposite party No. 1. Also heard Mr. K Uddin, learned counsel for the informant/opposite party No. 2. 2. The petitioners, namely, (1) Riajul Abedin @ Riajul Islam, son of Kabir Ahmed, resident of Village-Atter Digerper, P.S. Badarpur, District-Sribhumi and (2) Kabir Ahmed, son of Late Jomir Uddin, resident of Village-Ator Digirper, P.S. Badarpur, District-Sribhumi, have filed this application under Section 482 BNSS, seeking pre-arrest bail apprehending their arrest in Badarpur P.S. Case No. 297/2024 registered under Sections 329(4)/65(1) of BNS read with Section 4 of POCSO Act. 3. During the deliberation of the matter, Mr. Choudhury, learned counsel for the petitioners as well as Mr. Goswami, learned Additional Public Prosecutor, Assam submitted that the petitioner No. 1, Riajul Abedin @ Riajul Islam, son of the petitioner No. 2, Kabir Ahmed has already been arrested in the said Badarpur P.S. Case No. 297/2024. 4. As such, this pre-arrest bail application with regard to the petitioner No. 1, Riajul Abedin @ Riajul Islam in said Badarpur P.S. Case No. 297/2024, being infructuous, stands dismissed. 5. The petitioner No. 2, Kabir Ahmed, father of the petitioner No. 1 was already granted interim bail in said Badarpur P.S. Case No. 297/2024 by order dated 13.12.2024 and since then, he is on interim bail. 6. It is also seen from the case diary placed before the Court by Mr. Goswami, learned Additional Public Prosecutor, Assam that after obtaining interim pre-arrest bail on 13.12.2024, the petitioner No. 2 appeared before the concerned Investigating Officer of the case on 14.12.2024 and his statement has been recorded in said Badarpur P.S. Case No. 297/2024. 7. From the FIR of the case dated 07.12.2024, it is seen that though the informant Page No.# 3/4 approached the petitioner No. 2 and complained against his son, but the petitioner No. 2 did not take any action in that regard. 8. From the statement of the minor victim girl recorded under Section 183 BNSS by the learned Additional Chief Judicial Magistrate, Karimganj dated 07.12.2024, it is seen that the minor victim girl implicated only the petitioner No. 1, Riajul Abedin @ Riajul Islam, son of the petitioner No. 2, Kabir Ahmed for all the illegal acts committed by him on the minor victim girl who also dragged her inspite of her objection and physical resistance and took her nude pictures which the said Riajul Abedin uploaded in the social media. The victim girl, however, did not implicate the petitioner No. 2, father of the arrested accused, Riajul Abedin @ Riajul Islam. 9. Considering such materials available in the case diary, the Court is of the view that custodial detention of the petitioner No. 2, named above, is not warranted to investigate the said Badarpur P.S. Case No. 297/2024. As such, this pre-arrest bail application of the petitioner is accepted. 10. The petitioner No. 2, namely, Kabir Ahmed is already on interim bail in said Badarpur P.S. Case No. 297/2024 granted to him earlier by this Court on 13.12.2024 and the same is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 13.12.2024 and further, on compliance of the following condition that the petitioner No. 2 shall not harm/threat the victim girl, her parents or anyone from her family members by him or by anyone acting on his behalf, in any manner. 11. 11. Violation of the aforementioned terms and condition as well as violation of any of the terms and conditions as specified in the order dated 13.12.2024, noted above, the pre-arrest bail granted to the petitioner No. 2, Kabir Ahmed in said Badarpur P.S. Case No. 297/2024 shall stand automatically vacated. 12. Accordingly, this pre-arrest bail application stands disposed of to the extent above. 13. Return the case diary. JUDGE Page No.# 4/4 Comparing Assistant