Page No.# 1/5 GAHC010238102025 2025:GAU-AS:15380 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3512/2025 TAFIK ALI AND ANR S/O. LATE FAJAL ALI,R/O. GURKUCHI,P.O. RANGIA,P.S. RANGIA,DIST- KAMRUP, ASSAM 2: ABDUL KARIM S/O KABIR ALI R/O. NO. 1 MORIYABASTI P.O. LATASIL P.S. LATASIL DIST- KAMRUP (M) ASSAM.PIN- 781101 MOBILE NO. 69015 1088 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED P.P., ASSAM 2:HC (UB) DHARJYADHAR PATGIRI NEW BONGAIGAON GRP INVESTIGATION CENTRE S/O. LATE PRIYANATH PATGIRI R/O. PIPLA BHARALIPARA P/O. PATACHARKUCHI P.S. PATACHARKUCHI DIST- BARPETA ASSAM PIN- 781326 MOB. 93958 3567 Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Page No.# 2/5 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 13.11.2025 1. Heard Mr. A.K. Ahmed, learned counsel for the accused applicants. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused applicants, namely, Tafik Ali and Abdul Karim, praying for grant of bail in connection with Special (POCSO) Case No. 23 of 2025 registered under Section 61(2)/96/143(1)(f) of the BNS, 2023 corresponding to Bongaigaon GRPS P.S Case No. 14 of 2025 pending before the learned Special Judge (POCSO), Bongaigaon. 3. The brief facts of the case as has been narrated in the FIR dated 31.01.2025 lodged by one Dharjyadhar Patgiri, HC (UB) before the New Bongaigaon Govt. Railway Police – investigation Centre is that on 31.01.2025 at about 5:00 PM, police personnel apprehended three persons namely, Bikram Dowara, Tafik Ali and Abdul Karim in the company of a minor girl aged about 17 years. 4. It was alleged that the accused persons kidnapped the minor girl for trafficking to a different place. Page No.# 3/5 5. During investigation, it was revealed that the victim girl was lured by one of the accused Bikram Dowara with the intention of trafficking her to Chennai. 6. It was also alleged that the accused persons took the victim girl to an undisclosed location in Jalukbari, where she was kept for six days and during that period, the accused Bikram Dowara filled her forehead with vermilion. It was also alleged that the accused persons planned to traffic her to an unidentified place later on. 7. Accordingly, the aforementioned case was registered against the accused applicants and after completion of the investigation, charge-sheet was filed on 28.02.2025 before the learned CJM, Bongaigaon under Sections 61(2)/96/143(1)(f)/3(5) of BNS, R/W Section 6 of POCSO Act, R/W Section 9/10 of the Prohibition of Child Marriage Act against the accused persons including the applicants. Later on, the case was endorsed before the learned Special Judge (POCSO), Bongaigaon for disposal. The learned Special Judge vide order dated 10.04.2025, framed the charges against the accused applicants under Sections 61(2)/96/143(1)(f) of BNS, 2023, thereby, dropping the Section 6 of POCSO Act. 8. The learned counsel for the accused applicants submits that as the accused applicants are not charged against the POCSO Act and in view of their having spent more than 255 days behind the bars, the accused applicants should be released on bail. Page No.# 4/5 9. On the other hand, the learned Additional Public Prosecutor for the State submits that, although the charge under POCSO Act has been dropped against the accused applicants, there are serious allegations against the accused applicants regarding their involvement in trafficking the minor child. 10. In view of the aforesaid, the learned Additional Public Prosecutor for the State submits that this is not a fit case to grant bail to the accused applicants at this stage. 11. This Court has gone through the case diary submitted before this Court as well as the materials brought on record. 12. I have heard the submissions made by the respective counsel appearing for the parties. 13. After considering the whole case in its entirety, this Court is of the opinion that this is a fit case wherein, the accused applicants should be granted the privilege of regular bail. 14. Accordingly, it is directed that the above-named accused applicants be allowed to go on bail on furnishing of bail bond of Rs.30,000/- (Rupees Thirty Thousand) each only with one surety each of like nature subject to the satisfaction of the Court of learned Special Judge (POCSO), Bongaigaon with following conditions: (i) That the accused applicants shall co-operate with the investigation; (ii) That the accused applicants shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as Page No.# 5/5 to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the accused applicants shall not hamper or tamper with evidence. 15. In view of the aforesaid, this bail application stands disposed of. JUDGE Comparing Assistant