Page No.# 1/4 GAHC010230382025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3351/2025 AFNOOR HUSSAIN ALIAS APNUR S/O NAZRUL ISLAM, VILL. BARKHABAL, WARD NO. 1, P.O. LAHARIGAT, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM, PIN 782127 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PP, ASSAM. 2:BANECHA KHATUN W/O LATE FOIJUL HOQUE VILL- BARKHABAL WARD NO. 1 P.O. LAHARIGHAT P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN-782127. 3:ALPIN SULTANA W/O APNOOR HUSSAIN @ APNUR R/O VILL- BARKHABAL WARD NO. 1 P.O. LAHARIGHAT P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. R ISLAM, MR J FIRDAUS Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, MR N Z CHOUDHURY (R-2,3) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.11.2025 1. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State as well as Mr. N. Z. Choudhury, learned counsel for the respondent No. 2. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Afnoor Hussain @ Apnur, who has been detained behind the bars since 04.10.2025 in connection with POCSO Case No. 63/2025 under Sections 376/294 of IPC read with Section 4 of the POCSO Act, 2012. 3. The gist of accusation in this case is that the respondent No. 2, who is the mother of the victim girl had lodged an FIR before the Officer-in-charge of Laharighat Police Station that on 15.11.2023, inter alia, alleging that she came to know that the petitioner loves his minor daughter for last one and half years prior to the lodging of the FIR. It is also alleged that when the mother of the victim girl was not there in her residence about three months prior to filing of the FIR, the petitioner subjected to the victim girl to forceful sexual intercourse against her will. 4. The learned counsel for the petitioner has submitted that in the instant case, the petitioner had earlier approached this Court by filing an anticipatory bail application i.e., AB Case No. 1196/2024, however, same was rejected by order dated 26.07.2024. He submits that after completion of the investigation, Page No.# 3/4 charge-sheet has already been laid. He, however, submits that in the meanwhile, the petitioner has already married to the victim girl and prior to the date of the arrest of the present petitioner, they were living as husband and wife. In support of his submission, he has produced the marriage certificate issued by the Marriage Officer, Office of the Sub-Registrar, Morigaon. He submits that the petitioner is ready to co-operate in the trial and as the investigation has already been completed no purpose would be served to keep him behind the bars. 5. On the other hand, the learned Additional Public Prosecutor submits that when the anticipatory bail application was rejected the victim girl was minor, however, she has attained the age of majority now and as from records, it appears that the victim girl has been married to the petitioner, the circumstances have changed. 6. On the other hand, the learned counsel for the respondent No. 2 also submits that in view of the fact that the petitioner has married the daughter of the respondent No. 2, she does not have any objection if the petitioner is allowed to go on bail. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record including the copy of marriage certificate produced by the petitioner. 8. It appears that when the anticipatory bail application was rejected by a Co-ordinate Bench of this Court i.e., on 26.07.2024, the petitioner had not married the victim girl, however, later on 25.07.2025, he married the victim girl and, therefore, the circumstances have changed. Page No.# 4/4 9. In view of the changed circumstances, this Court is of the considered opinion that if the petitioner co-operates in the trial, his custodial detention may not be necessary for fair completion of the trial. 10. Hence, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, POCSO, Morigaon with a condition that he shall co-operate in the trial. 11. This bail application is accordingly disposed of. JUDGE Comparing Assistant