Page No.# 1/3 GAHC010269252024 2025:GAU-AS:2030 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3317/2024 KUTUB UDDIN CHOWDHURY S/O LATE TAHIR ALI CHOWDHURY RESIDENT OF DAKHIN DEBASTHAN, PO DEBOSTHAN, PS MURAJHAR, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ABUL KALAM S/O LATE OWATIR ALI A PERMANENT RESIDENT OF BORBALI PO MURAJHAR. PS MURAJHAR DIST HOJAI ASSA Advocate for the Petitioner : T A LASKAR, MR SARFRAZ NAWAZ,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, MR. M H SAIKIA (R-2),MR. N H MAZARBHUIYAN(R-2) BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.02.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner and Mr. B. Sarma, learned Page No.# 2/3 Additional Public Prosecutor, Assam for the State. Also heard Mr. R. I. Bhuyan, learned counsel on behalf of Mr. N. H. Mazbarbhuiyan, learned counsel for the informant/respondent No. 2. 2) Apprehending his arrest, the petitioner, namely, Kutub Uddin Chowdhury, son of late Tahir Ali Chowdhury, resident of village-Dakhin Debasthan, Police Station-Murajhar, District-Hojai has filed this application under section 482 BNSS, 2023 praying for his pre-arrest bail in Murajhar Police Station Case No. 205/2024, registered under Section 75 (2) BNS, 2023 read with Section 8 of the POCSO Act, 2012 corresponding to G.R. No. 2391/2024. 3) The Court, after hearing the petitioner, the concerned Public Prosecutor as well as the counsel for the informant/respondent No. 2, by order dated 28.01.2025 granted interim pre-arrest bail to the petitioner and on obtaining the interim pre-arrest bail in said Murajhar P.S. Case No. 205/2024, the petitioner appeared before the concerned Investigating Officer of the case on 04.02.2025 and his statement was accordingly recorded. 4) Case diary is placed before the Court today by Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 5) From the case diary, it is seen that pursuant to the order of the District Elementary Education Officer, the Block Elementary Education Officer, Lanka removed the previous Headmaster of Dakhin Debostan M.E. School and in his place, the present petitioner was allowed to hold the charge of Headmaster of the said M.E. School. 6) Because of the same, the previous Headmaster of the said M.E. school conspired to involve the petitioner in such crime, accusing him of having committed illegal act with the minor children studying in that M.E. School. 7) The independent witnesses, whose statements have been recorded by the concerned Investigating Officer of the case have indicated the same. 8) It is also seen from the case diary that Police have already seized the Attendance Register of the school, relevant certificates etc. 9) Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Murajhar P.S. Case No. 205/2024. 10) As such, this pre-arrest bail application of the petitioner, namely, Kutub Uddin Page No.# 3/3 Chowdhury, son of late Tahir Ali Chowdhury in said Murajhar P.S. Case No. 205/2024 is accepted. 11) Accordingly, the interim bail granted to the petitioner on 28.01.2025 in said Murajhar P.S. Case No. 205/2024 is hereby made absolute, subject to the compliance of the conditions specified in the order dated 28.01.2025 passed earlier in this proceeding and also on compliance of the conditions that the petitioner - i) shall not leave the territorial jurisdiction of the Murajhar police station, without obtaining prior written permission from the concerned Investigating Officer of said Murajhar P.S. Case No. 205/2024; ii) shall not hamper with the investigation, or tamper with the evidence of the case; iii) shall not involve himself in any criminal activities in the future and; iv) shall not threat the victim girl or anyone in her family by himself or by others, acting on his behalf. 12) Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 28.01.2025, noted above, by the petitioner Kutub Uddin Chowdhury, son of late Tahir Ali Chowdhury the pre-arrest bail granted to him in said Murajhar P.S. Case No. 205/2024 shall stand automatically vacated. 13) This pre-arrest bail application accordingly stands disposed of. 14) Return the case diary herewith. JUDGE Comparing Assistant