Page No.# 1/3 GAHC010224862025 2025:GAU-AS:16168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2445/2025 SUKUR ALI S/O LATE MADAN ALI RESIDENT OF VILLAGE KHUDRAKUCHI, PO BALAGAON, PS KALGACHIA, DIST BARPETA, ASSAM, PIN 781319 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:LOTIFUN BEWA W/O LATE ABDUL AZIZ RESIDENT OF VILLAGE LALMATI PS ABHAYAPURI PO LALMATI DIST BONGAIGAON ASSAM PIN 78338 Advocate for the Petitioner : MR. A MOBARAQUE, MR. S P CHITTAWAT Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27.11.2025 Heard Mr. A. Mobaraque, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State and Ms. Page No.# 2/3 B. Choudhury, learned Amicus Curiae for the respondent No.2/informant. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Sukur Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Special (P) Case no. 42(A) of 2024 (arising out of Abhayapur P.S. Case No. 23/2024) under Section 365/376 of IPC r/w Section 4 of POCSO Act, pending in the court of learned Special Judge, North Salmara, Abhayapuri, Bongaigaon. 3. The case arose out of an FIR dated 18.01.2024 lodged by the grandmother of the alleged victim girl who is stated to be 16 years old with allegation that on 17.01.2024, she was kidnapped by a group of miscreants and later, one unknown person made called to the mother and thereafter, she was recovered. 4. No person is named in the FIR. After completion of investigation, charge sheet has been laid against Sukur Ali under Section 365/376 of IPC r/w Section 4 of POCSO Act. In the narrative of the charge sheet, the I/O stated that, according to the victim’s statement before the learned JFMC, she was recovered from Sanidul Islam @ Sukur Ali and had implicated him. However, in her earlier statement, the victim had stated that she frequently spoke with the petitioner over the telephone and had developed a friendship with him. 5. The learned Additional Public Prosecutor and Amicus Curiae have expressed concerns that trial is not yet commenced and the victim remains to be examined and therefore, perhaps, may not prudent to grant bail at this stage. 6. On the other hand, the learned counsel for the petitioner submits Page No.# 3/3 that though he has been indicated as absconder in the charge sheet; he is willing to participate in the trial and seeks bail for the same. 7. Upon giving my consideration to both the aspects of the matter, I am of the considered view that perhaps bail may be granted to petitioner subject to some stringent conditions to ensure that the trial progress and the legitimate concerns projected by the prosecution and the Amicus Curiae are also addressed to some extent, at least. 8. Accordingly, in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Special (P) Case no. 42(A) of 2024 (arising out of Abhayapur P.S. Case No. 23/2024) under Section 365/376 of IPC r/w Section 4 of POCSO Act, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of the learned concerned court (Special Judge, North Salmara, Abhayapuri, Bongaigaon). 9. The direction for bail is further subject to the condition(s) that the accused-petitioner: (a) shall be available for trial, if one commences; (b) shall not hamper or tamper with evidence; and (c) shall not intimidate or harass the victim girl or informant or her family members. 10. In case of violation or breach of any condition(s), the Public Prosecutor/informant would be at liberty to move an application for cancellation of the bail. 11. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant