Page No.# 1/4 GAHC010012472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./188/2025 YASIN ALI S/O MIR HUSSAIN ALI R/O VILL-KHARSITHA P.S.BELSOR, DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:LILIMA BEGUM W/O ABDULMATIN R/O VILL-NO.1 DHUHI P.S. KAYAN DIST.KAMRUP (R) ASSA Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN(AMICUS CURIAE)R2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 24.02.2025 1. Heard Mr. M. Haque, the learned counsel for the petitioner. Also Page No.# 2/4 heard Mr. M.P Goswami, the learned Additional Public Prosecutor for the State as well as Mr. D. Bora, the learned counsel appearing for Amicus Curiae, Mr A.H Mahajan. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner namely Yasin Ali, who has been detained behind the bars since 20.04.2024 in connection with Special (P) Case No.20/2024 under Section 366 of IPC, read with section 4 of the POCSO Act and alternatively Section 376(2) of IPC. 3. The facts relevant for consideration of the instant bail application on 04.03.2024 the mother of the victim girl had lodged a FIR that the present petitioner kidnapped her daughter and her daughter was untraceable since then. On receipt of the FIR Kayan P.S Case No.15/2024 was registered under Section 366 of IPC and investigation was initiated. 4. The learned counsel for the petitioner has submitted that the charge-sheet in this case was laid on 30.04.2024 and the charges were framed against the present petitioner on 01.10.2024, however till today not even a single witness have been examined by the Trial Court. 5. The learned counsel for the petitioner submits that the petitioner was of a tender age of 18 years only when the offence which has been alleged was committed. 6. He further submitted that the petitioner was having a love affair with the victim girl and both of them have eloped out of love affair. 7. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the trial and his custodial detention may not be necessary for fair completion of the trial in this case. 8. On the other hand the learned Additional Public Prosecutor for the Page No.# 3/4 State has submitted that since the victim girl has not been examined, the consideration of the bail may be considered after examination of the victim girl. 9. Mr. D. Bora, appearing for the Amicus Curiae has also submitted that the statement recorded under Section 164 of CrPc of the victim girl shows that there was a love affair between the petitioner and victim girl and they had physical relationship when they eloped. 10. Though there appears to be incriminating materials available on record against the present petitioner, however, considering the fact that the petitioner is a young boy of about 19 years of age and he has been detained behind the bars since 20.04.2024 and till date not even a prosecution witness has been examine, this Court is of the considered opinion that if it is ensured that the petitioner does not influences the witness or evades the course of justice, his custodial detention may not necessary for fair completion of the trial. 11. I have considered the submissions of the learned counsel for both the sides and have gone through the materials on record. 12. In view of above, the above named petitioner is allowed to go on bail of Rs.30,000/-(Thirty Thousand only) with one surety of like amount subject to the satisfaction of the Trial Court with following conditions. (i) the petitioner shall not directly or indirectly make any inducement, threat or promise to the victim girl or to any other listed witnesses in the charge-sheet so as to dissuade such witnesses/person from deposing against him in the pending trial of Special (P) Case No.20/2024; (ii) The petitioner shall co-operate in the trial and shall appear before the Trial Court as and when directed by the Trial Court. Page No.# 4/4 13. With above observation this bail application is disposed of. JUDGE Comparing Assistant