Page No.# 1/4 GAHC010217392025 2025:GAU-AS:14626 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3225/2025 HASINUR ISLAM @ HASINUR RAHMAN S/O- AFAJUDDIN. R/O- BALITIKA, P.O.- KOLAKHOWA, P.S.- LALUK, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MUSST. KHUDEJA KHATUN W/O- ABDUL HAMID. VILLL.- BALITIKA P.O.- NAOBOICHA P.S.- BALITIKA DIST.- LAKHIMPUR PIN - 787023 Advocate for the Petitioner : MR. M U MAHMUD, H R KHAN,MR. M ALI Advocate for the Respondent : PP, ASSAM (R1), MR A K AZAD (R2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.10.2025 1. Heard Mr. M Ali, learned counsel for the petitioner. Also heard Mr. Page No.# 2/4 B Sarma, learned Additional Public Prosecutor for the State of Assam and Mr. A.K Azad, learned counsel for respondent No. 2. 2. By this application under Section 483 of the BNSS, 2023 the petitioner Hasinur Islam @ Hasinur Rahman has prayed for bail in connection with Laluk P.S Case No. 57/2025 under Section 65(1)/127(2)/64(2)(m) of BNS, 2023 R/W Section 3/6/14/15 of POCSO Act corresponding to Spl. (POCSO) Case No. 70/2025 pending in the Court of Ld. Sessions Judge, North Lakhimpur, Lakhimpur, Assam. 3. The FIR dated 14.03.2025 lodged by the mother of the victim reveals that her 14 year old daughter was enticed by the petitioner and was taken to the house of one Babul Islam and was subjected to rape. It was also stated that few video clippings were recorded and the victim was forced to commit illicit act by threatening with the said clippings. It was also stated that on a later date the victim was again picked up from her home and the petitioner subjected her to sexual assault. The police, on completion of the investigation, submitted charge-sheet on 14.05.2025. Thereafter, the trial continued and during the trial, the victim was examined along with her mother and in the said examination before the Ld. Trial Court, the victim had turned hostile and that the mother had also turned hostile and was declared as such during the proceeding. 4. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, on perusal of the case record submits that the victim while turning hostile had stated before the Ld. Trial Court that she told her Page No.# 3/4 mother to lodge the ejahar since she came to know that the petitioner was marrying some other girl and that she also stated that she had no physical relationship with the petitioner. 5. Mr. A.K Azad, learned counsel for respondent No. 2 has also stated fairly on the basis of the statement of the victim that the case under POCSO Act is not meted out. 6. I have heard the learned counsel for both sides and have carefully gone through the records. It is seen that the victim had turned hostile during her examination before the Ld. Trial Court and her mother had also turned alike. In view of the same, this Court finds it fit to enlarge the petitioners on bail on furnishing bail bond of Rs. 20,000/- with 1(one) local surety of the like amount to the satisfaction of the Ld. Trial Court under the following conditions : (i) The petitioner shall not approach the victim or her family members at any point of time. (ii) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (iii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iv) The petitioner shall not leave his place of residence without the permission of the Ld. Trial Court. Page No.# 4/4 7. Petition is disposed of. JUDGE Comparing Assistant