Page No.# 1/4 GAHC010011382025 2025:GAU-AS:1491 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/119/2025 ABDUL HAMID AND ANR S/O MANTAJ ALI R/O VILL- BANGALDOBA P.O. NAYEKGAON P.S. KOKRAJHAR DIST. KOKRAJHAR, ASSAM PIN-783376 2: MONIRUL HOK @ MANIRUL ISLAM S/O ABDUL LATIF R/O VILL- BANGALDOBA P.O. NAYEKGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN-78337 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ANOWAR HUSSAIN S/O KHOKA SK. R/O VILL- BANGALDOBA P.O. NAYEKGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN-783376 PH. NO. 812902319 Page No.# 2/4 Advocate for the Petitioner : MR. SK S N MOHAMMAD, J S AHMED,MR A IKBAL Advocate for the Respondent : PP, ASSAM, MR. K M HASSAN (R-2),MR R SARKAR(R-2) BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.02.2025 Heard learned counsel, Mr Sk. S N Mohammad, appearing on behalf of the petitioners, 1) Abdul Hamid and 2) Monirul Hok @ Manirul Islam, under Section 482 of the BNSS, 2023, with prayer for bail, as they are apprehending arrest in connection with Kokrajhar PS Case No. 294/2024, under Section 75(1) (ii)/87 of the BNS, 2023, read with Section 8 of the POCSO Act. 2. Heard learned Additional Public Prosecutor, Assam, Mr K K Parashar, appearing on behalf of the State respondent and learned counsel, Mr M Hasan, appearing on behalf of the informant. 3. Learned counsel for the informant has raised serious objection stating that there are serious allegations against the petitioners and they are not entitled to anticipatory bail. 4. The allegation against the petitioners is that they along with the main accused, kidnapped the victim and took her to a jungle and the accused No. 1, committed sexual assault on the victim. 5. Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary, against the petitioners. Page No.# 3/4 6. I have scrutinized the Case Diary. 7. Indeed there are some materials in the Case Diary against the petitioners. 8. The merits of this case are not brought to the fore as investigation is still under progress, but, Case Diary reveals that investigation has progressed substantially and custodial interrogation of the present petitioners may not be required. 9. I have also considered the submission that the petitioners are young boys, aged only 19 years and 21 years respectively. 10. It is also submitted on behalf of the petitioners that they are innocent and they have been falsely implicated in a false case. The petitioners will be highly prejudiced, if they are forwarded to custody in a false case. 11. The petitioners are local residents and they are not flight risks. The petitioners are willing to abide by any stringent conditions, if imposed upon them. 12. In view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that : (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall appear before the IO on every fortnight, till completion of investigation, (iii) the petitioners shall refrain from such activities with which they are alleged Page No.# 4/4 and, (iii) the petitioners shall not leave the jurisdiction of the jurisdictional Court/Elaka Magistrate without prior permission. 12.1. On breach of any of the bail conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled. 13. In terms of the above observation, this Anticipatory Bail application stands disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant