Page No.# 1/4 GAHC010013002025 2025:GAU-AS:1531 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./203/2025 SRI ASURUDDIN MONDAL @ ASIR UDDIN MONDAL S/O LATE JAMAL UDDIN MONDAL R/OKATHALDI PART-III, P.S. BILASIPARA,DIST. DHUBRI, ASSAM,PIN-783348 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RASHIDA KHATUN W/O SAHA ALOM R/O VILL- SOUTH COLLEGE NAGAR WARD NO. 14 P.S.DHUBRI (SADAR) DIST. DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. A A R KARIM, MR M HOQUE,MR S RAHMAN,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.02.2025 Heard Mr. A A R Karim, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Sri. Asuruddin Mondal @ Asir Uddin Mondal, son of late Jamal Uddin Mondal, resident of Village-Kathaldi Part-III, P.S.-Bilasipara, District-Dhubri, is praying for his bail in Dhubri Police Station Case No. 134/2024, registered under Sections 354(A)/384/506/34 IPC read with Section 67(B) of the IT Act read with Section 8 of the POCSO Act, corresponding to G.R. No. 422/2024, wherein he was arrested on 12.12.2024 and is in custody since then. 3. As per the FIR dated 20.04.2024 lodged by the informant, the case is that the petitioner on 10.12.2023 forcefully kissed and touched the private parts of her daughter and photographed the said acts and thereafter, made those obscene photographs viral in social media. When the informant and other family members of the victim girl requested the petitioner and the other accused persons of the case not to damage the life of the petitioner as she was to appear in the HSLC examination, the accused persons of the case including the present petitioner demanded Rs. 2,00,000/- over mobile phone and threatened to kidnap the minor victim and to viral the naked photos and videos of the victim by editing. 4. Accordingly, said FIR dated 20.04.2024 was registered as Dhubri P.S. Case No. 134/2024 under Sections 354(A)/384/506/34 IPC r/w Section 67(B) of the IT Act r/w Section 8 of the POCSO Act and the petitioner was taken into custody on 12.12.2024. 5. Mr. B Sharma, learned APP, Assam, on instruction, has submitted that police is yet to submit charge-sheet in said Dhubri P.S. Case No. 134/2024. 6. Considering the length of detention of the petitioner in custody since 12.12.2024, it is found that the petitioner is in custody for more than 60 days, as on today. Thereby, the Page No.# 3/4 petitioner has completed the mandatory period of detention, whereas, the State/prosecution has failed to submit the charge-sheet within the statutory time limit as prescribed by the relevant laws in force. 7. Hence, considering the same, the petitioner, named above, is entitled for his default bail in said Dhubri P.S. Case No. 134/2024. 8. Accordingly, the petitioner, namely, Sri. Asuruddin Mondal @ Asir Uddin Mondal, son of late Jamal Uddin Mondal, be granted default bail in said Dhubri P.S. Case No. 134/2024 on furnishing a bail bond of Rs. 75,000/-, with 2(two) local sureties, each of the like amount, one of which shall be a government employee, either Central or State Government, to the satisfaction of the learned Special Judge (POCSO), Dhubri, subject to the conditions that the petitioner, named above — i) shall appear before the concerned Investigating Officer of said Dhubri P.S. Case No. 134/2024, as and when he is required for necessary investigation of the case; ii) shall surrender his passport, if any, before the learned Special Judge (POCSO), Dhubri on or before 24.02.2025; iii) shall not leave the territorial jurisdiction of Dhubri Police Station without obtaining prior written permission from the Investigating Officer of said Dhubri P.S. Case; iv) shall not hamper with the investigation, or tamper with the evidence of the case; v) 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 or to any police officer and; vi) shall not threat, harass, disturb or stalk the victim girl of said Dhubri P.S. Case No. 134/2024, or anyone of her family members, by himself or by anyone acting on his behalf and shall never come to the vicinity of the victim girl or anyone of her family, physically or by any other means, either through telephone, mobile, whatsapp or any other mode of communication personally or through others on his behalf and; Page No.# 4/4 vii) shall not involve himself in any criminal activities in the future. 9. Any violation of the aforesaid terms and conditions by the petitioner, namely, Sri. Asuruddin Mondal @ Asir Uddin Mondal, the bail granted to him in said Dhubri P.S. Case No. 134/2024 shall stand automatically vacated. 10. This bail application accordingly stands allowed. 11. Return the case diary herewith. JUDGE Comparing Assistant