Page No.# 1/3 GAHC010017752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/180/2025 WASMINA PARVEEN MIMI D/O WALI UL ISLAM RESIDENT OF VILLAGE AND PO PURAN DIARA, PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:MD MOSTAFIZUR ROHMAN MANAGING DIRECTOR GYAN VIKASH ACADEMY HATISINGMARI ASSAM 78313 Advocate for the Petitioner : MR. KHAIRUL ISLAM, J S AHMED,MR A IKBAL,MR. SK S N MOHAMMAD Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 24/03/2025 Heard Mr. SK S N Mohammad, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Wasmina Parveen Mimi, daughter of Wali-Ul-Islam, resident of Page No.# 2/3 Village & P.O. Puran Diara, P.S. Mankachar, District-South Salmara-Mankachar, has filed this application on 28.01.2025 under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending her arrest in South Salmara Police Station Case No. 217/2023 registered under Sections 376/354 IPC read with Sections 4/7/8/9/21 of POCSO Act read with Section 67 (B) of IT Act corresponding to G.R. No. 708/2023. 3. As per the FIR dated 21.07.2023 lodged by the compliant before the Officer-in-Charge of South Salmara Police Station, the case is that on 20.07.2023, it came to the light that one of the teacher from the Chemistry Department of the complainant’s institution/academy at Hatsingimari committed rape on two minor girls and captured their photographs and videos and transmitted those obscene scene/videographs to various persons with the help of social networking site like, Facebook and Whatsapp. The said act of the concerned teacher of the said Educational Institution of the complainant hampered the reputation of the institution as well as spoil the lives of the minor victim girls, who are the students of the said institution. Initially, the said FIR was lodged by the complainant before the Kharubandha Outpost and on receipt of the same, G.D. Entry was made on 20.07.2023 and was forwarded to the South Salmara Police Station, wherein it was registered as South Salmara P.S. Case No. 217/2023 under Sections 376/354 IPC read with Sections 4/7/8/9/21 of POCSO Act read with Section 67 (B) of IT Act corresponding to G.R. No. 708/2023. 4. In the meanwhile, police have arrested the concerned teacher of the Chemistry Department of the complainant’s educational institution and few others involved in the case. Both the victim girls in their statements under Section 164 Cr.P.C. recorded by the learned Additional Chief Judicial Magistrate, South Salmara-Mankachar on 27.07.2023 implicated the petitioner, who was also a teacher of the Biology Department of the complainant’s Educational Institution stating that she instigated the victim girls to involve with the said Chemistry Teacher of the institution so as to obtain better marks in their Chemistry practical examination. 5. By order dated 04.02.2025, the Court granted interim bail to the petitioner in said South Salmara P.S. Case No. 217/2023 pursuant to which she appeared before the concerned I/O of the case and her statement in the case has already been recorded. 6. It is seen that police have already seized the mobile phones of the accused persons of the case and forwarded those to the FSL for their examination and necessary reports. 7. Considering the materials available in the case diary, the Court is of the view that custodial Page No.# 3/3 detention of the petitioner, named above, is not warranted to investigate the said South Salmara P.S. Case No. 217/2023. As such, this pre-arrest bail application of the petitioner is accepted. 8. For the reasons above, the bail of the petitioner, Wasmina Parveen Mimi, who is already on interim bail in said South Salmara P.S. Case No. 217/2023 granted to her earlier by a Co-ordinate Bench of this Court on 04.02.2025, is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 04.02.2025 and further, on compliance of the following conditions that the petitioner – (i) shall not hamper with the investigation, or tamper with the evidence of the case; (ii) shall not involve herself in any kind of criminal activities directly or indirectly in future; and (iii) shall not harm/threat the victim girls, their parents or anyone of their family members by her or by anyone acting on her behalf, in any manner and shall never come to the vicinity of the victim girls or anyone of their family. 9. Violation of any of the aforesaid terms and conditions as well as the terms and conditions as specified in the said order dated 04.02.2025, noted above, the pre-arrest bail granted to the petitioner, Wasmina Parveen Mimi in said South Salmara P.S. Case No. 217/2023 shall stand automatically vacated. 10. Accordingly, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant