Page No.# 1/4 GAHC010191702025 2025:GAU-AS:14374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2793/2025 AJIBAR RAHMAN S/O LATE TUTA MIYA @ TOTA MIYA VILLAGE - KUNARABIL, P.S.- JOGIGHOPA, DISTRICT - BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MUNI MURMU W/O NIKOLASH BASKI VILLAGE - SAPKATA P.S.- TAMULPUR DISTRICT - TAMULPUR ASSA Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 28.10.2025 Heard Mr. N. Uddin, learned counsel for the accused petitioner as well as Mr. K. Baishya, learned Addl. P.P. appearing for the State respondent and Ms. B. Choudhury, learned Amicus Curiae for the respondent no.2. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Ajibar Rahman, seeking regular bail in connection with Special POCSO Case No.78/2024, arising out of Tamulpur P.S. Case No.102/2024, U/S 344/366/368/376(2)(i) of IPC, R/W Section 6 of POCSO Act, pending in the Court of learned Special Judge (POCSO), Baksa, Mushalpur. 3. The petitioner counsel mainly contends that the accused is in custody since 01.06.2024. The case is stated to be at the stage of trial. The depositions of three of the witnesses have been annexed with the bail application. The scanned case record has been received. 4. The learned Addl. P.P. submits that their implications and in her statement before Magistrate also at the time of investigation. She has implicated the accused person. Though the victim and the informant have been examined but there is also possibility of influencing other witnesses in the event of his liberty. 5. Ms. B. Choudhury, learned Amicus Curiae supporting the contention of the prosecution contends that the girl was about appropriately 14 years at the time of the alleged incident and as Section 6 of the POCSO has been given Page No.# 3/4 constitutes heinous offence and the learned Amicus Curiae has also expressed some concerns regarding influence of witnesses. 6. I have given my consideration to various aspects of the matter. The case had originally arises from an FIR dated 21.05.2024 lodged by the elder sister of the victim stating that her sister aged 15 years went missing from their house; subsequently, she received a phone call from one number, which did not identify and told that he had taken her sister and later, it also came to be known that the caller was from another religious community. However, I find that the trial has progressed and both the victim and the informant have been examined along with the informant’s husband out of the twelve listed witnesses. 7. Keeping that aspect of the matter and also the length of detention - perhaps bail can be considered at this stage. However, suitable conditions have to be imposed to address the bonafide concerns expressed by prosecution as well as by learned Amicus Curiae. 8. Under the given facts and circumstances and considering the length of detention and progress of investigation, the accused petitioner is hereby allowed to go on bail of Rs. 50,000/- with one surety of like amount, to the satisfaction of the concerned learned Special Judge, POCSO, Baksa, Mushalpur, and subject to the following conditions that:- (i) He shall be available for the remaining trial, (ii) He shall not hamper or tamper with the evidence. (iii) He shall not in any manner intimate or harass or harm the victim/informant and their family members. 9. In case of violation of any bail conditions, the prosecution or the informant/victim side shall be at liberty to move a suitable application for Page No.# 4/4 cancellation of the bail application of the petitioner. 10. This bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant