Page No.# 1/6 GAHC010007202025 2025:GAU-AS:6659 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./121/2025 JAHIRUL ISLAM S/O USMAN ALI VILL- NARSINGBORI, WARD NO. 6, P.S. MOIRABARI, DIST. MORIGAON, ASSAM 2: MD ANARUL HUSSAIN RO NARSINGBORI PS MOIRABARI MORIGAO VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:MD. ANARUL HUSSAIN S/O MD. ABDUL MUTTALIB VILL NARSINGBORI WARD NO. 6 P.S. MOIRABARI DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A AHMED, MR. R ALI,U U KHAN Advocate for the Respondent : PP, ASSAM, MR S PAUL (R-2) Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.05.2025 Heard Mr. A Ahmed, learned counsel for the petitioner and Ms. N Das, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. S Paul, learned counsel appearing on behalf of the respondent No.2/elder brother of the minor victim/informant of the case. 2. The petitioner, namely, Jahirul Islam, son of Usman Ali, resident of village- Narsingbori Ward No. 6, Police Station-Moirabari, District-Morigaon has filed this application under Section 483 BNSS, 2023 praying for his bail in POCSO Case No. 122/2024, arising out of Moirabari Police Station Case No. 110/2024, trial of which is presently pending before the Court of the learned Special Judge (POCSO) Morigaon, in which the petitioner was arrested on 25.07.2024 and is in custody since then. 3. Mr. A Ahmed, learned counsel for the petitioner has submitted that the petitioner is no way connected with the case and even the minor victim girl in her evidence before the Court of learned Special Judge (POCSO) Morigaon indicated that there was no physical relation between her and the accused petitioner and that because of love affair with the accused petitioner she went with him on the date of incident on her own. 4. Mr. Ahmed, learned counsel for the petitioner by filing an additional affidavit placed before the Court that while arresting him on 25.07.2024, the concerned Investigating Officer of Moirabari P.S. Case No. 110/2024 did not comply with the provisions of Section 47 of the BNSS as required under the law and thereby violated the provisions of Article 22 of the Constitution of India. Page No.# 3/6 5. Perused the records of POCSO Case No. 122/2024 along with the records of Moirabari P.S. Case No. 110/2024 that was called for by the Court by order dated 21.01.2025. 6. As per the FIR of the case lodged by the elder brother of the minor victim girl/respondent No. 2 herein the case is that on 10.07.2024 at night at around 2 AM when his younger sister aged about 16 years went out to attend nature’s call, the accused petitioner forcefully took her away by showing her a dagger and kidnapped her. But later, when they came to know that the accused petitioner kept his minor sister at Sotian Toli they went there and recovered her and she informed that the accused petitioner had raped her against her will. In the said FIR dated 13.07.2024 the informant also stated that about two months prior to the said incident the accused petitioner also raped the minor victim girl threatening her of dire consequences. The said FIR was accordingly, registered as Moirabari P.S. Case No. 110/2024 under Sections 140(3)/64/3(5) of BNS, 2023 read with Section 6 of the POCSO Act corresponding to G.R. No. 880/2024. 7. The petitioner was arrested on 25.07.2024 and was produced before the learned Special Judge (POCSO), Morigaon on 25.07.2024 itself. 8. It is seen from the records of the case that statement of the minor victim girl was recorded under Section 183 BNSS on 14.07.2024 by the learned Judicial Magistrate First Class, Morigaon, in which the minor victim girl implicated the petitioner of committing rape on her. 9. During investigation, police seized the original birth certificate of the minor victim girl issued on 10.11.2012, wherein the date of birth of the minor victim girl was recorded as 01.01.2008. As such, on the date of the incident, the victim girl was a minor, as defined under the POCSO Act. 10. From the records of POCSO Case No. 122/2024 it is seen that the same is up to February, 2025. Page No.# 4/6 11. In the charge-sheet filed in said Moirabari P.S. Case No. 110/2024, prosecution named 13 witnesses including the minor victim girl as well as the informant of the case. 12. From the records of the case, it is seen that up to February, 2025 prosecution have already adduced evidence of 5 of its witnesses who were thoroughly cross-examined by the defence (on behalf of the petitioner). 13. Considering the materials available in the case records, the medical report of the minor victim girl dated 14.07.2024 and her evidence recorded by the Court of the learned Special Judge (POCSO) cum Additional Sessions Judge, Morigaon in POCSO Case No. 122/2024, the Court is of the opinion that further custodial detention of the petitioner is not warranted during the trial of said POCSO Case No. 122/2024 arising out of Moirabari P.S. Case No. 110/2024. 14. Accordingly, the petitioner, namely, Jahirul Islam, son of Usman Ali, be released on bail in said POCSO Case No. 122/2024, arising out of Moirabari P.S. Case No. 110/2024, on furnishing a bail bond of Rs. 1,00,000/- (Rupees One Lakh), with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central Government, permanently serving in the District of Morigaon, to the satisfaction of the learned Special Judge (POCSO), Morigaon subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Morigaon without obtaining prior written permission from the said authority, till disposal of said POCSO Case No. 122/2024; ii) shall regularly attend the Trial before the learned Special Judge (POCSO), Morigaon in said POCSO Case No. 122/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; iii) shall not threat/harm the victim girl or anyone of her family members, by himself or by anyone acting on his behalf, in any manner. Page No.# 5/6 iv) shall not come to the vicinity of the victim girl, or anyone of her family members. v) shall not hamper and/or tamper with the evidence of the case; vi) 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 and vii) shall not involve himself in any criminal activities in future. 15. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Jahirul Islam, son of Usman Ali, the bail granted to him in said POCSO Case No. 122/2024, arising out of Moirabari P.S. Case No. 110/2024 shall stand automatically vacated. 16. It is also made clear that the learned Special Judge (POCSO), Morigaon shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above, on bail in said POCSO Case No. 122/2024, arising out of Moirabari P.S. Case No. 110/2024 to secure his attendance during the trial of the said case. 17. It is observed that this order relates to bail of the accused petitioner, namely, Jahirul Islam, in said POCSO Case No. 122/2024, arising out of Moirabari P.S. Case No. 110/2024 and not on merits of the case, where the trial of said POCSO Case No. 122/2024 is presently pending for adjudication. 18. The petitioner, named above, be released on bail accordingly, if he is not required in any other Criminal Case. 19. With the above observation and direction, this bail application stands allowed to the extent above. Page No.# 6/6 JUDGE Comparing Assistant