Page No.# 1/4 GAHC010002972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/60/2025 SAYED MALLIK S/O- LATE RASHID MALLIK, VILL.- BARBALA, P.S. HOWLY, DIST.- BARPETA, PIN- 781316 VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:NUREJA KHATUN W/O- SANGSHER MALLIK VILL.- BARBALA P.S. HOWLY DIST.- BARPETA PIN- 78131 Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : PP, ASSAM, MS. M BARMAN (LEGAL AID COUNSEL FOR R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 06/03/2025 Heard Mr. A Roshid, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Ms. M Barman, learned Legal Aid counsel appearing for the informant/respondent No. 2. 2. The petitioner, namely, Sayed Mallik, son of Late Rashid Mallik, resident of Village-Barbala, P.S. Howly, District-Barpeta, has filed this application on 06.01.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Howly Police Station Case No. 142/2024 registered under Sections 76/351(2) BNS, 2023 read with Section 8 of the POCSO Act. 3. As per the FIR dated 13.10.2024 lodged before the authorities of Howly Police Station, the case is that on the night of 27.09.2024, when the minor daughter of the informant went to the house of the accused to sleep with his two minor daughters in absence of their mother (i.e., in absence of the wife of the petitioner), the accused petitioner sexually assaulted the minor daughter of the informant and to save herself, the said minor victim girl jumped through the window of the house of the petitioner and returned home crying at night itself and informed her parents about the illegal act committed by the petitioner to her. On the next day morning, when the informant along with her husband went to the house of the accused petitioner to enquire into the matter, he admitted his guilt. However, he threatened them that if they disclose the said incident to others, the victim girl will face the dire consequences. 4. In the said FIR dated 13.10.2024, the informant also indicated that whenever the victim girl, who is studying in Class-VII, returns home from her school, the accused petitioner used to stand by the side of the road and to disturb her by giving bad indication and thereby, harassing the victim girl. The said FIR of the informant/respondent No. 2 was accordingly registered as Howly P.S. Case No. 142/2024 under Sections 76/351(2) BNS, 2023. 5. Perused the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam. 6. On perusal of the case diary, it is seen that police have already collected the birth certificate of the victim girl and considering the same, on the date of the incident, the victim girl was found to be Page No.# 3/4 of 13 years 11 months 3 days on the date of the incident on 27.09.2024. 7. In her statement under Section 183 BNSS recorded by the learned Sub-Divisional Judicial Magistrate (Sadar), Barpeta on 19.10.2024, the victim girl implicated the petitioner that on the date of the incident, i.e., on 27.09.2024, while she was sleeping with his two minor daughters, the accused petitioner came to their room and touched her private parts and on that she immediately woke up, made hue and cry and came out from his house, returned to her own house in the night itself and informed about the said incident to her parents. 8. Also perused the medical report of the victim girl as well as the statements of the other two minor daughters of the accused petitioner with whom the victim girl was sleeping on the night of the incident. 9. Mr. Parashar, learned Additional Public Prosecutor, Assam as well as Ms. Barman, learned Legal Aid counsel submitted that the victim girl implicated the petitioner of sexually assaulting her on the night of the incident in her statement recorded under Section 183 BNSS before the learned Magistrate. As such, the pre-arrest bail prayer of the petitioner should not be considered. 10. The medical report of the victim girl dated 15.10.2024 issued by the Medical Officer of FAAM College & Hospital, Barpeta indicates that there was no sign of recent sexual intercourse and there was no injury on the person of the victim as well as on her private parts. 11. Considering the materials in the case diary and the statement of the witnesses so far recorded by the concerned Investigating Officer of the case, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Howly P.S. Case No. 142/2024. As such, this pre-arrest bail application of the petitioner is accepted. 12. Accordingly, in the event of arrest of the petitioner, namely, Sayed Mallik, in said Howly P.S. Case No. 142/2024 registered under Sections 76/351(2) BNS, 2023 read with Section 8 of the POCSO Act, he shall be released on bail on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner - (i) shall appear before the concerned Investigating Officer of Howly P.S. Case No. 142/2024 on or before 13.03.2025 and thereafter, as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Howly Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper Page No.# 4/4 with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer and further (v) shall not harm/threat the victim girl, her parents or anyone of her family members by him or by anyone acting on his behalf, in any manner and shall never come to the vicinity of the victim girl or anyone of her family. 13. Violation of any of the aforesaid conditions by the petitioner, Sayed Mallik, the pre-arrest bail granted to him in said Howly P.S. Case No. 142/2024 shall stand automatically vacated. 14. Accordingly, this pre-arrest bail application stands allowed to the extent above. 15. Return the case diary. 16. The Gauhati High Court Legal Services Authority shall pay the remuneration to Ms. Meghali Barman, learned Legal Aid counsel, on raising a bill, who appeared for the informant/respondent No.2, as being appointed by the Court and assisted the Court in adjudicating this matter. JUDGE Comparing Assistant