Page No.# 1/4 GAHC010260782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3819/2025 MINHAJUL ISLAM ALIAS HAQUE S/O MD. OMAR ALI, R/O VILL. SONAPUR BLOCK, P.S. BIHPURIA, DIST. NORTH LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MD FAIJUDDIN S/O LATE ALI AKBOR R/O VILL. NO. 1 ORANGBASTI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, MR. F A HASSAN (R-2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 10.12.2025 Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the Page No.# 2/4 State. Also heard Mr. F. A. Hassan, learned counsel, who submits that he is under instruction to appear for the respondent No.2 and he has filed vokalatanama today. This is an application filed under Section 483 of the BNSS, 2023 praying for regular bail in connection with Special (P) Case No.94/2025 pending in the Court of learned Special Judge (POCSO), Lakhimpur arising out of Lakhimpur P.S. Case No.121/2025 registered under Sections 64/140(3) of the BNS, 2023 read with Section 12 of the POCSO Act. In the F.I.R. dated 03.04.2024 the respondent No.2 had alleged that the accused had picked up his daughter aged about 17 years on 31.03.2025 afternoon at about 2:00 p.m. and she returned back at about 5:00 p.m. and intimated them that two boys had taken her to a certain place and committed bad works with her. Later on, on identification, the accused persons were named in the F.I.R. It has been submitted by the learned Addl. P.P. that the matter has been charge-sheeted but due to the absconding of one of the persons, the charges have not yet been framed. The learned counsel for the petitioner has submitted that the petitioner is a young boy of 21 years and there is a romantic relationship of the petitioner with the victim. Considering the young age of the petitioner and also the length of custody, he may be allowed to go on bail, more so when one of the accused persons is absconding and it Page No.# 3/4 cannot be imagined as to when the trial would commence or would conclude. The learned counsel for the respondent No.2 has submitted that he is under instruction that the parties have arrived at an amicable settlement where the respondent No.2 has instructed him that they are ready to allow the petitioner and the victim to enter into marriage when the victim attains the age of majority. The learned Addl. P.P. has vehemently objected to the prayer for bail, citing that the victim is still a minor and in view of the fact that initially when the F.I.R. was lodged and even while making her statement before the Magistrate, she had implicated the accused/ petitioner. Therefore, he submits that releasing the petitioner on bail at this stage may allow him to influence or coerce the victim. This Court has considered the submissions made by the learned counsel appearing for the parties. The record reveals that in the F.I.R. there are specific allegations of luring the victim child to a place in Arunachal Pradesh where she was confined to a hotel and physical abuse including slapping her etc. have taken place. There are also allegations of penetrating sexual assault on the victim. In her statement before the Magistrate also, the victim had made similar statements. The medical report of the victim also suggests abrasion on the neck and bleeding in the private parts. Page No.# 4/4 Taking an overall view of the matter, this Court is of the opinion that the mindset of the victim may be influenced since now the father of the victim girl has also proposed the marriage when he had initially complained of assault against his minor daughter. This Court does not think it fit to allow the petitioner to go on bail at this stage. The prayer for bail accordingly stands rejected. The Bail Application stands disposed of. JUDGE Comparing Assistant