Page No.# 1/4 GAHC010016512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./213/2025 MOKBUL HOSSAIN S/O ZAKARIA HOSSAIN, RESIDENT OF VILLAGE OXIGURI, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:XXX W/O ATOWAR ALI RESIDEN OF VILLAGE BHODEYAGURI NO. 1 PS GOSSAIGAON DIST KOKRAJHAR ASSAM 78336 Advocate for the Petitioner : MR A BRAHMA, M K DEB,MR. A LAL Advocate for the Respondent : PP, ASSAM, MS. D GHOSH,MR. A DHAR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2025 1. Heard Mr. A. Lal, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State as well as Mr. A. Sarma, learned counsel for the respondent No.2. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mokbul Hossain who is detained behind the bars since 28.12.2024 (for last 53 days) in connection with Gossaigaon P.S. Case No. 204/2024 under Section 64/62/75(1)(ii)/75(1)(iv)/77/3(5) of BNS, 2023 read with Section 12 of Protection Children from Sexual Offences Act, 2012 read with Section 67(C) of Information Technology Act, 2000. 3. The gist of accusation in this case is that on 27.12.2024, the mother of the victim girl had lodged an FIR before the Officer-In-Charge of Gossaigaon, inter-alia, alleging that her minor daughter's private conversation with accused No.1 named in the FIR were uploaded in social media and her minor daughter was also blackmailed in many ways by the accused No. 1 named in the FIR. 4. The FIR also states that the present petitioner had called the victim girl through mobile phone and told her that he also had video of the girl and asked the victim girl to accompany her to somewhere and when she refused the victim was threatened that her video would be made viral. 5. The learned counsel for the petitioner has submitted that though the instant case was also registered under provisions of POCSO Act, 2012 however, no allegation of POCSO Act, 2012 is there against the present petitioner. 6. He also submits that the petitioner has already been detained behind Page No.# 3/4 the bars for last 53 days and considering the period of detention he may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor has submitted after going through the scanned copy of the case diary that in her statement made under Section 183 of the BNS, the victim girl has implicated the present Petitioner. 8. On the other hand learned counsel for the respondent No. 2 has submitted that the respondent No. 2, who is the informant of this case has no objection if the bail is granted to the petitioner at this stage. 9. Considering the submissions made by the counsel for the parties as well as considering the fact that the petitioner has already been detained behind the bars for last 53 days, this Court is of considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation of the Gossaigaon P.S. Case No. 204/2024. 10. Hence, the petitioner, namely, Mokbul Hossain is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, Kokrajhar with the following conditions: i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. ii. That the petitioner shall co-operate in the investigation. Page No.# 4/4 11. With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant