Page No.# 1/3 GAHC010167692025 2025:GAU-AS:14311 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1892/2025 ASHRAFUL ALI ALIAS ASRAF ALOM SON OF AHAD ALI R/O VILL- HARIYARKUTI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KAMINI KUMAR ROY S/O LATE PERGEN CH. ROY RESIDENT OF VILL- RUPSHI PART-III P.S. KAZIGAON DIST. KOKRAJHAR ASSAM PIN-783331 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, MS P DAS, Amicus Curiae(R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27.10.2025 Heard Mr. M.A. Mondal, learned counsel for the petitioner. Also heard Mr. P. Page No.# 2/3 Barthakur, learned Additional Public Prosecutor for the State and Ms. P. Das, learned Amicus Curiae for the respondent No.2/informant. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Ashraful Ali @ Asraf Alom, has prayed for granting pre-arrest bail, apprehending arrest in connection with Kazigaon P.S. Case No. 18/2025 (corresponding to GR No. 150/2025) under Section 137(2) of BNS, 2023 r/w Section 4 of POCSO Act, 2012. 3. The case arose out of an FIR dated 19-03-2025, lodged by the father of the girl, alleging that on the previous day in the evening, one unknown bike rider kidnapped his daughter, aged 16 years, from the gate of their house. 4. The case diary has been received. 5. The statement of the victim girl recorded before the learned JMFC is also available therein. In the said statement, she has stated about her longstanding love affair with the accused person pursuant to which she eloped with him on more than one occasion. She has also stated about her physical relationship with him. The girl is primarily a minor and therefore, any consent on her part would not be a valid consent in law. 6. Nevertheless, the facts revealed from her statement recorded under Section 183 BNSS can be taken into account for the purpose of adjudicating the bail. In the emmerged circumstances, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Kazigaon P.S. Case No. 18/2025 (corresponding to GR No. 150/2025) under Section 137(2) of BNS, 2023 r/w Section 4 of POCSO Act, 2012, he shall be released on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount, to the satisfaction of Page No.# 3/3 the arresting authority. 8. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall render cooperation with the remaining investigation and appear before the I.O. for recording his statement; (b) shall not hamper or tamper with evidence; and (c) shall not intimidate or harass the victim girl or informant or their family members. 9. Violation of condition(s) shall entail cancellation of pre-arrest bail. 10. The anticipatory bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant