Page No.# 1/4 GAHC010279382024 2025:GAU-AS:2623 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/9/2025 HANNAN ALI AND ANR S/O LATE AJMAT ALI R/O VILL- NATUN DEOCHAR P.O. BONGAON, P.S. BOKO DIST. KAMRUP, ASSAM, PIN-781123 2: BABUL ALI S/O LATE AJMAT ALI R/O VILL- NATUN DEOCHAR P.O. BONGAON P.S. BOKO DIST. KAMRUP ASSAM PIN-78112 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE LEARNED PP, ASSAM 2:MAHIRUDDIN ALI S/O LATE JANGSER ALI VILL- NATUN DEOCHAR P.O. BONGAON P.S. BOKO DIST. KAMRUP ASSAM PIN- 78112 Advocate for the Petitioner : MR. S AHMED, MS N AKTAR Advocate for the Respondent : PP, ASSAM, T UDDIN (R2),MR. F R CHOUDHURY (R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.03.2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor as well as Mr. T. Uddin, learned counsel appearing for the respondent no. 2. 2. This application under Section 482 of BNSS has been filed by the petitioners Hannan Ali and Babul Ali who are apprehending their arrest in connection with Boko P.S. Case no. 479/2024 under Section 65(1)/49 of BNS R/W Section 4 of POCSO Act. 3. The accusation in this case is that the father of the victim girl had lodged an FIR on 01.11.2024 alleging that the accused no. 1 named in the FIR, namely, Makibul Hoque has committed rape on her minor daughter with the help of the present petitioners. 4. Learned counsel for the petitioners has submitted that the allegations against the petitioners in the FIR are not true. He submits that the main accused, Makibul Hoque has been declared as a juvenile and his case is referred to Juvenile Justice Board. 5. He further submits that the present petitioners are the maternal uncle of the delinquent juvenile and when they saw their nephew with the victim girl, they only recovered the victim girl from the place and have not done anything else. 6. Learned Additional Public Prosecutor has produced the case diary of Boko P.S. Case no. 479/2024 and has submitted that the statement of the victim girl has been recorded under Section 183 of the BNSS and in her statement she has Page No.# 3/4 implicated the main accused, Makibul Hoque of committing rape on her. She has not stated anything against the present petitioners except the fact that they were standing near the place where the offence occurred. 7. On the other hand learned counsel for the respondent no. 2 submitted that the respondent no. 2 has no objection if the present petitioners are allowed to go on bail. 8. I have considered the submissions made by the learned counsel for the parties and have gone through the case diary of Boko P.S. Case no. 479/2024. Considering the materials on the case diary it appears that the petitioners are not directly involved in the offence which has been alleged in the FIR and therefore, their custodial detention may not be necessary if they co-operate in the investigation. 9. In view of the above, this anticipatory bail application is disposed of with a direction to the above named petitioners to appear before the Investigating Officer of Boko P.S. Case no. 479/2024 within a period of 7 (seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with Boko P.S. Case no. 479/2024 the above named petitioners shall be allowed to go on bail of Rs. 30,000/- each with one surety of like amount subject to the satisfaction of the Arresting Authority with following conditions :- i. That the petitioner shall cooperate in the investigation and shall appear before the Investigating Officer; and ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts Page No.# 4/4 before the Investigating Officer. 10. Send back the case diary. 11. This anticipatory bail application is accordingly, disposed of. JUDGE Comparing Assistant