Page No.# 1/4 GAHC010246252025 2025:GAU-AS:16611 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2660/2025 MUSA SHEIKH S/O SAHAR ALI, R/O VILL. KATHALDI PART II, P.O. AND P.S. BILASIPRA, DIST. DUBRI, ASSAM, PIN 783348 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MOHOR ALI S/OLATE TAHER ALI R/O VILL- KATHADI PART-I P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. N J DUTTA, MR A ALAM,MR. A A MONDAL,MR. B HUSSAIN Advocate for the Respondent : PP, ASSAM, MS. M K BROWN (AMICUS CURIAE) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Page No.# 2/4 Heard Mr. N. J. Dutta, learned counsel appearing for the accused applicant. Also heard Mr. P. Borthakur, learned Addl. PP for the State of Assam and Ms. M. K. Brown, learned Amicus Curiae appearing for respondent No. 2. 2. This is an application under Section 482 of BNSS, 2023 praying for granting interim pre-arrest to the accused applicant in connection with Bilasipara P.S. Case No. 283/2025 under Section 12 of POCSO Act read with Section 67 B IT Act. 3. The gist of the allegation against the accused applicant as narrated in the FIR dated 03.09.2025 is that the informant daughter who is a minor whenever visits her school, the accused applicant used to disturb her by making some indecent and love proposal. It was alleged that when his minor daughter refused the same, he edited certain photographs of his minor daughter and morphed them with some obscene photographs and thereafter, showing those photographs to her, threatened her that those obscene photographs would be made public, if she refused to be in a love relationship with the accused applicant. 4. After receipt of the FIR, the Police registered Bilasipara P.S. Case No. 283/2025 under the aforementioned sections. 5. The learned counsel appearing for the accused applicant submits that the Section 67B which has been invoked against the accused applicant is not attracted to the facts of this case as there is not transmission or publication of any obscene materials involving the informant’s daughter. He further submits that all other sections which have been put against the Page No.# 3/4 accused applicant are bailable in nature. He further submits that there is no sexual assault by the accused applicant on the minor daughter of the informant. 6. Mr. P. Borthakur, learned Addl. PP, on the other hand, submits that there are sufficient materials against the accused applicant of his alleged offence as alleged in the FIR which could be found in the statements recorded of the victim before the Police as well as before the Magistrate. 7. In view of the aforesaid, the learned Addl. PP Mr. Borthakur submits that, at this stage, the accused applicant should be granted the privilege of pre-arrest bail. 8. The learned Amicus Curiae Ms. Brown representing respondent No. 2 has also supported the submission made by the learned Addl. PP. 9. This Court has gone through the materials brought before this Court as well as the Case Diary that has been submitted by the learned Addl. PP. 10. On perusal of the materials brought before this Court, this Court is of the considered opinion that the allegation as far as transmission and publication of obscene materials involving the informant’s daughter, prima facie, could not be found available in the materials brought before this Court. Further, looking into the allegations as well as the submissions made by the learned counsel appearing for the respective parties, this Court is of the opinion that the accused applicant should be granted the privilege of pre-arrest bail, at this stage. 11. Accordingly, it is directed that in the event of the arrest of the accused applicant, namely, Musa Sheikh, he shall be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the Page No.# 4/4 satisfaction of the arresting authority in connection Bilasipara P.S. Case No. 283/2025. However, the bail shall be subject to the following conditions:- (i) that the accused applicant shall appear before the I.O. of the case within a period of 10 days of passing of this order; (ii) that the accused applicant shall co-operate with the investigation and shall make himself available before the I.O. of the case as and when called for; and (iii) the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence and shall also not, in any, manner, try to overawe or influence or intimidate the prosecution witness. In view of the aforesaid directions, the instant Anticipatory Bail application stands disposed of as allowed. Case Diary be returned, forthwith. JUDGE Comparing Assistant