Page No.# 1/5 GAHC010208022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3007/2025 AKIBUL ISLAM SON OF AYEN ALI, R/O VILLAGE MATRAGHULA(BALARCHAR), ABHAYAPURI, BONGAIGAON, ASSAM 783384 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:MANIK UDDIN AHMED SON OF LT GADU MIYA R/O VILLAGE NOWAGAON PO CHAKLA PS ABHAYAPURI DIST BONGAIGAON ASSA Advocate for the Petitioner : MR A K AZAD, MR N JAMAL,MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.11.2025 1. Heard Mr. S. E. Ahmed, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/5 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Akibul Islam, who has been detained behind the bars since 16.08.2025 in connection with Abhayapuri P. S. Case No. 193/2025 under Sections 64(2)(n)/77 of the BNS, 2023 read with Sections 6/15 of the POCSO Act, 2012. 3. The gist of the accusation in this case is that on 14.08.2025, the first informant (father of the victim) had lodged an FIR before the Officer-in-Charge of Abhayapuri Police Station, inter-alia, alleging, that the present petitioner, by inducing the daughter of the first informant (victim) of marriage, had captured obscene photographs, captured photos and have manipulated those and by threatening her to upload the same photographs in social media, committed forceful sexual intercourse with her on 10.07.2025. 4. It is also alleged in the FIR, that later on, the petitioner also uploaded the same photographs in social media. 5. The learned counsel for the petitioner, Mr. A. K. Azad, has submitted that the petitioner was in a romantic relationship with the victim girl for about one and a half years and the parents of the victim girl were opposed to the said relationship and the marriage of the victim girl was fixed with some other person, to which the present petitioner raised objection. 6. He submits that in order to prevent the present petitioner from raising any objection, this false case has been lodged against the petitioner by the father of the victim girl. He further submits that the victim girl, has in the meanwhile been married to some Page No.# 3/5 other boy and she is now residing with her husband. 7. He submits that the petitioner has been detained behind the bars for last 90 days and the charge sheet has been laid. He submits that no offence of publishing the obscene photographs has been made out and, therefore, no offence under IT Act has been charge sheeted against the present petitioner. 8. The learned counsel for the petitioner submits that the petitioner is ready to cooperate in the trial, and is ready to abide by any condition which may be imposed by the trial court, while granting the bail. 9. On the other hand, the learned Additional Public Prosecutor has submitted that in her statement recorded under Section 164, the victim girl has categorically stated that the petitioner had made forceful intercourse with her and as such he submits that the bail of the petitioner may be considered only after examination of the victim girl as a prosecution witness by the trial court. 10. Mr. S. Nawaz, the learned Amicus Curiae, on the other hand, fairly submits that the petitioner is also a young boy of 22 years of age and a romantic relationship between him and the victim has been admitted by the victim girl in her statement, recorded under Section 183 BNSS, 2023. 11. Considering the fact that the victim girl has been married away in the meanwhile, and presently residing with her husband, as well as considering the fact that the petitioner is ready to abide by any condition, which may be imposed by this court. Also, Page No.# 4/5 considering the fact of his detention for the last 90 days, and the admission of a romantic relationship between him and the victim girl in her statement, recorded under Section 183 BNSS, 2023 this court is of considered opinion that if the petitioner cooperates in the trial and abides by all the conditions imposed while granting bail to him, his custodial detention may not be necessary for fair completion of the trial. 12. Hence, in view of the above, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the trial court subject to the following conditions: i. That the petitioner shall cooperate in the trial of Abhayapuri P. S. Case No. 193/2025; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner 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 to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; 13. This bail application is, accordingly, disposed of. Page No.# 5/5 JUDGE Comparing Assistant