Page No.# 1/4 GAHC010006662025 2025:GAU-AS:1530 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./123/2025 MD NUR HOSSAIN S/O MD. ABDUL AZIZ @ AZID ALI R/O VILL- CHANDIPARA P.S. FAKIRGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSTT. ROKEYA BIBI W/O LATE AKBAR ALI R/O VILL- NAMA SHESHOW P.S. FAKIRGANJ DIST. DHUBRI ASSA Advocate for the Petitioner : MR. B CHOWDHURY, MR S DAS Advocate for the Respondent : PP, ASSAM, M. HOSSAIN (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.02.2025 Heard Mr. B Chowdhury, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. M Hossain, learned counsel appearing for the respondent No. 2/informant of the case. 2. By this application under Section 483 BNSS, 2023, the petitioner, namely, Md. Nur Hossain, son of Md. Abdul Aziz @ Azid Ali, resident of village-Chandipara, P.S.-Fakirganj, District-Dhubri is seeking bail in Special Case No. 523/2024 arising out of Fakirganj Police Station Case No. 85/2024 registered under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act, corresponding to G.R. No. 822/2024, in which he was arrested on 25.07.2024 and in custody since then. 3. It is submitted on behalf of the petitioner that he was having love affair with the minor victim girl and that the learned Trial Court has already recorded the evidence of the victim girl and as such, his further detention may not be required in the case. 4. Mr. M Hossain, learned counsel appearing for the respondent No.2/informant of the case has submitted that the minor victim girl lost her father at her early age and that the petitioner uploaded obscene photographs with her in the social media and if at this stage the petitioner is released on bail, the minor victim girl will not be able to complete her studies. 5. Mr. B Sharma, learned APP, Assam placed before the Court that the victim girl was a minor of less than 17 years of age at the time of the incident and that Section 2 (d) of the POCSO Act defines a child as any person below the age of 18 years. 6. Perused the records of the case that was called for by order dated 23.01.2025. 7. It is seen from the records of the case that charge under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act was Page No.# 3/4 framed on 01.10.2024 and that as on 06.01.2025, evidence of three of the Prosecution Witnesses have already been recorded, out of the eight named Prosecution Witnesses in the Charge-Sheet. 8. From the records of the case it is also seen that as per the Birth Certificate of the victim girl issued on 26.09.2007 by the Registrar (Birth & Death), South Salmara Public Health Center, the date of birth of the victim girl is 13.09.2007. 9. The incident occurred on various dates prior to 20.07.2024, the date of lodging of the FIR of the case by the informant/respondent No. 2. Both, the petitioner and the victim girl used to study in the same school and they had a love affair. Threatening the victim girl who was a minor that her obscene photographs will be uploaded, the petitioner took the victim girl to various places, like, Bongaigaon, Airkata and also to a place at Meghalaya, wherein both of them were apprehended by public and handed over to their respective parents. 10. The victim girl in her statement recorded under Section 183 BNSS on 23.07.2024 before the learned Sub-Divisional Judicial Magistrate (S), Dhubri as well as in her deposition before the learned Special Judge (POCSO) cum Additional Sessions Judge, Dhubri on 26.11.2024 categorically stated that the petitioner in spite of her objection had forceful sexual intercourse with her and also took photographs of such acts, which was subsequently uploaded in the Facebook account that the petitioner opened. 11. It is also seen that police have already seized the mobile phone of the petitioner, indicating that the petitioner had many such obscene photographs of sexual acts that he had committed with the minor victim girl. 12. Considering such materials in the case records regarding the involvement of the petitioner in the alleged crime and since the trial of the case is presently going on, the Court is of the opinion that this is not a fit case to grant bail to the petitioner, considering his detention since 25.07.2024. 13. Accordingly, this bail application of the petitioner, Md. Nur Hossain, son of Md. Abdul Aziz @ Azid Ali, in Special Case No. 523/2024 arising out of Fakirganj P.S. Case No. 85/2024, presently pending before the Court of the learned Special Judge (POCSO) cum Page No.# 4/4 Additional Sessions Judge, Dhubri, stands rejected. JUDGE Comparing Assistant