Page No.# 1/5 GAHC010268632024 2025:GAU-AS:3551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3859/2024 ABDULLA ALI SK S/O AKKAS ALI SK. R/O VILL- PUB GAIKHOWA PART-II, P.S. GOLAKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JOHIRUL KHAN S/O LATE SAMSUL KHAN R/O VILL- PUB KAIKHOWA PART-I P.S. GOLAKGANJ DIST. DHUBRI ASSA Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, K ZAMAN (R-2),MR A ALIM SK(R-2),MR. A F N U MOLLAH(R-2) BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27-03-2025 Heard Mr. S. Rahman, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Mr. A. Alim Sk, learned counsel for the informant/respondent No.2. Page No.# 2/5 2. The petitioner, namely, Abdulla Ali Sk, son Akkas Ali Sk, resident of Village-Pub Gaikhowa Part-II, Police Station-Golokganj, District-Dhubri, Assam, has filed this application under Section 483 BNSS, 2023 on 12.12.2024 praying for his release on bail in Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024 under Sections 331(4)/76 BNS, 2023, read with Section 8 of the POCSO Act, corresponding to G.R. No.757/2024, in which he was arrested on 22.09.2024 and is in custody since then. 3. As per the FIR dated 02.07.2024 lodged by the informant before the Golokganj Police Station, the case is that, on the night of 01.07.2024 around 01:00 hrs, when his 16 years old daughter was sleeping in her own room, the accused petitioner entered her room through window and gagged her mouth, touched her chest and also tried to rape her. However, his daughter somehow managed to call for help. At that stage, the petitioner fled away from the scene and though the brother Sohidul Khan entered the house, but could not apprehend him. The said FIR was accordingly, registered as Golokganj P.S. Case No. 158/2024 under Sections 331(4)/76 BNS, 2023, read with Section 8 of the POCSO Act, corresponding to G.R. No.757/2024. 4. The petitioner was taken into custody on 22.09.2024 and was produced before the Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri and since then he is in custody. 5. By order dated 18.12.2024 the record of said Special Case No. 567/2024 as well as the copy of the records of Golokganj P.S. Case No. 158/2024 was called for. 6. From the records of the case, it is seen that during investigation, police seized the Birth Certificate of the victim girl, issued on 18.08.2009 by the Registrar of Birth and Death, Golokganj Public Health Centre indicating her date of birth as 20.04.2008. As such, on the date of the incident, i.e., on 01.07.2024, the victim girl was just about 16 years of age and as such, a child, as defined under the POCSO Act. 7. The statement of the victim girl under Section 183 BNSS was recorded by the learned SDJM, Dhubri on 03.07.2024, in which, she implicated the petitioner of entering her room on the night of 01.07.2024 through a window, who touched her chest and also tried to forcefully rape her. However, as she made hue and cry, her uncle Sohidul Khan came and the petitioner Page No.# 3/5 fled away from the scene. 8. From the records, it is also seen that after completion of the investigation of the case, police on 30.09.2024 submitted the charge-sheet vide No.218/2024 in said Golokganj P.S. Case No.158/2024 against the petitioner under Sections 331(4)/76 BNS, read with Section 8 of the POCSO Act. The charge-sheet contains list of 7 named prosecution witnesses. 9. From the records of the case, it is further seen that after filing of the charge-sheet in said Golokganj P.S. Case No.158/2024, before the Court of learned Special Judge (POCSO)- cum-Additional Sessions Judge, Dhubri and by order dated 22.10.2024 the said Golokganj P.S. Case No.158/2024 was re-registered as Special Case No.567/2024. 10. It is seen that on receipt of such charge-sheet, the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri by order dated 23.10.2024 in said Special Case No.567/2024 took cognizance of the offence under Sections 331(4)/76 BNS, read with Section 8 of the POCSO Act. Thereafter, on 28.11.2024, the said Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri framed charge under Sections 331(4)/76 BNS, read with Section 8 of the POCSO Act against the petitioner. 11. From the records of the case, it is seen that after framing of charge on 28.11.2024, the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri have already recorded the evidence of six of the prosecution witnesses, out of seven such prosecution witnesses w.e.f., 04.02.2025 to 18.03.2025, including the victim girl, the informant, father of the victim girl as well as brother of the informant/uncle of the victim girl who were cross examined by the defence and only the evidence of the concerned Investigating Officer of said Golokganj P.S. Case No.158/2024 is yet to be recorded. 12. Mr. Rahman, learned counsel for the petitioner submitted that considering his detention since 22.09.2024 and as the evidence of the victim girl and the informant have already been recorded, the petitioner should be considered for his bail. 13. Mr. Goswami, learned Addl. PP submitted that out of seven prosecution witnesses, evidence of six prosecution witnesses have already been recorded and as such, at this stage, the bail prayer of the petitioner may not be considered, till completion of the recording of evidence of the prosecution witnesses. Page No.# 4/5 14. Mr. A. Alim Sk, learned counsel for the informant/opposite party No.2 also submitted that as the evidence of the Investigating Officer of the case is to be recorded, the bail prayer of the petitioner at this stage may not be considered. 15. From the forwarding report of the accused petitioner dated 22.09.2024 as well as the charge-sheet filed in said Golokganj P.S. Case No.158/2024 on 30.09.2024 against the petitioner, it is seen that he is 20 years old and that he is a student of B.Sc. Regular, studying in B.N. College, Dhubri under the Gauhati University. 16. From the evidence so far recorded by the Court of learned Special Judge (POCSO)- cum-Additional Sessions Judge, Dhubri, it is seen that victim’s father as well as her uncle are accused in a Prevention of Child Marriage Act case that was lodged by the father of the accused petitioner. 17. Considering such materials in the records and the age of the petitioner, who is a student of B.N. College, Dhubri and considering the fact that the evidence of only one prosecution witness, i.e., the evidence of the concerned Investigating Officer of the case is yet to be recorded, this Court is of the opinion that further custodial detention of the petitioner is not warranted during the trial of said Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024. As such, this bail application of the petitioner is accepted. 18. Accordingly, the petitioner, namely, Abdulla Ali Sk, son Akkas Ali Sk be released on bail in said Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024 on furnishing a bail bond of Rs.75,000/- with two local sureties of the like amount, to the satisfaction of the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri, on conditions that the said petitioner — (i) shall appear before the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri during the trial and on the dates so fixed in said Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024 and as and when he is required for his appearance in the said case; (ii) shall not leave the territorial jurisdiction of said learned Special Judge (POCSO)- cum-Additional Sessions Judge, Dhubri, without obtaining prior written permission from the said authority; Page No.# 5/5 (iii) shall not hamper 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; (v) shall not involve himself in any criminal activities; (vi) shall not come to the vicinity of the victim girl or anyone of her family and (vi) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf. 19. Any violation of the aforesaid terms and conditions by the petitioner, namely, Abdulla Ali Sk, son Akkas Ali Sk, the bail granted to him in said Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024 shall stand automatically vacated. 20. It is made clear that any observation made hereinabove in this bail application, the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri shall not be influenced by it, while adjudicating the said Special Case No. 567/2024 arising out of Golokganj P.S. Case No. 158/2024. 21. With the above observations and directions, this bail application accordingly stands disposed of. JUDGE Comparing Assistant