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2025 DAILYLAW 24701 (GAU)

MD SAKIR AHMED ALIAS MD SAKIR AHMAD TALUKDAR v. THE STATE OF ASSAM AND ANR

AB/2488/2025 · 2025-11-13

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010228362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2488/2025 MD SAKIR AHMED ALIAS MD SAKIR AHMAD TALUKDAR S/O MD TAIYABUR RAHMAN PERMANENT R/O VILL NAM DOBOKA GAON, PO HINDU BLOCK, PS DOBOKA, DIST. HOJAI, ASSAM PIN- 782440 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD KHALILUR RAHMAN S/O ABDUL MANNAN R/O VILL SIDHESWARPUR LONGLIBOSTI WARD NO. 9 P.S. DOBOKA DIST HOJAI ASSAM PIN 78244 Advocate for the Petitioner : MR. S SARMA, S J KALITA,B SAHA,MR B P SARMAH,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : PP, ASSAM, M. ROBBANI (R-2),MR. R A MAZUMDER(R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 14.11.2025 Heard Mr. C. Chakravarty, learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam Page No.# 2/4 appearing for the State. This is an application under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the accused/applicant, viz., Md. Sakir Ahmed @ Md. Sakir Ahmad Talukdar in connection with Doboka P.S. Case No.110/2025 registered under Section 12 of the POCSO Act read with Section 67(A) of the Information Technology Act, 2000. The gist of the allegation as narrated in the F.I.R. lodged on 11.06.2025 is that the daughter of the informant was stalked by the accused/applicant whenever she used to visit her school and tried to have conversation with his daughter. It was also alleged that his daughter never responded, however, the accused/applicant insisted on meeting her on several occasions and seeing that the informant had stopped his daughter to go school. It was also alleged that when she was stopped going to school, the accused/ applicant uploaded certain obscene photographs in social media which got viral later on. It was also alleged that the family members of the accused/applicant were also involved in the offences as alleged in the F.I.R. Accordingly, the police has registered the aforementioned case against the accused/applicant. The learned counsel appearing for the accused/applicant submits that the accused/applicant is a boy of 18 years and he is no way connected in the offence as alleged in the F.I.R. He submits that in fact Page No.# 3/4 the boy and the girl used to know each other and due to certain misunderstanding, the allegations were made in the F.I.R. He further submits that after filing of the F.I.R., the father of the victim girl used to demand money from the accused/applicant. Mr. B. Sarma, learned Addl. P.P. has produced the Case Diary before this Court. This Court has gone through the statement recorded under Section 183 BNS of the victim girl as well as the other materials brought before this Court. It is seen that both the accused/applicant as well as the victim girl are of the same locality and knew each other. There are possibilities of certain misunderstanding and because of which, the F.I.R. was allegedly lodged against the accused/applicant who is 18 years of age. Taking into consideration the age of the accused/applicant as well as other factors, this Court is of the view that the accused/applicant should be allowed to go on pre-arrest bail at this stage. Accordingly, it is directed that in the event of arrest of the accused/applicant in connection with the aforesaid case, he shall be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with a local surety of like nature to the satisfaction of the arresting authority under the following conditions :- (1) That the accused/applicant shall appear before the Page No.# 4/4 Investigating Officer as and when called for and fully cooperate with the investigation of the case. (2) That the accused/applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant