Page No.# 1/4 GAHC010006002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Crl.)/50/2025 ALFAJ ALI S/O HOBIBUR RAHMAN R/O VILL- PANDHOWA P.O. GORCHIGA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787054 VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP ASSAM 2:JAHANARA BEGUM W/O HARMUJ ALI R/O PHUKAN DOLONI P.O. PHUKAN DOLONI P.S. LALUK DIST. LAKHIMPUR ASSAM PIN-787023. ------------ Advocate for : ALHAJJ I UDDIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR In Case No. : Crl.Rev.P./15/2025 ALFAJ ALI S/O HOBIBUR RAHMAN R/O VILL- PANDHOWA P.O. GORCHIGA, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM PIN-787054 Page No.# 2/4 VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:JAHANARA BEGUM W/O HARMUJ ALI R/O PHUKAN DOLONI P.O. PHUKAN DOLONI P.S. LALUK DIST. LAKHIMPUR ASSAM PIN-787023 Advocate for the Petitioner : ALHAJJ I UDDIN, MRS. ROMA ENGTIPI,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 23.01.2025 Heard Mr. A. I. Uddin, learned counsel for the petitioner. This is an application made under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail by the accused/petitioner, namely, Alfaj Ali, who was arrested on 25.08.2024 in connection with Special (POCSO) Case No. 123/2024 arising out of Laluk Police Station Case No. 139/2024 registered under Section 64 of Bharatiya Nyaya Sanhita, read with Section 6 of POCSO Act and Section 9/10/11 of Prohibition of Child Marriage Act 2006. The petitioner was arrested on 25.08.2024. In the meantime, the investigating authority has already filed charge sheet. Page No.# 3/4 The petitioner claims to be juvenile and accordingly his mother filed an application. There was a dispute as regards date of birth and for the reason of such dispute, the learned trial court below rejected the claim of juvenility under its order dated 05.10.2024, which is under challenge in the connected revision petition. The dispute is that as per birth certificate submitted by the mother of the petitioner, the date of birth of the petitioner is 12.01.2007 and as per the CW-1 examined by the learned trial court below during the course of enquiry for determining the plea of juvenility of the petitioner, it was found that his date of birth is registered in the Birth Register as 11.12.2006. In the considered opinion of this Court in either of the cases on the date of commission of the offence i.e. on 20.08.2024, the petitioner prima facie seems to be a juvenile in conflict with law. In view of the aforesaid, the present I.A.(Crl) stands allowed by granting bail to the present petitioner. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one suitable surety of like amount to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, with the following conditions. (a) Shall not leave the territorial jurisdiction of learned Special Judge, POCSO, Lakhimpur, without prior written permission from him; (b) Shall not hamper with the investigation of the case and tamper with the evidence of the case; (c) 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 him Page No.# 4/4 from disclosing such facts to the Court or to any police office. In terms of the above, this IA(Crl) stands disposed of. JUDGE Comparing Assistant