Page No.# 1/4 GAHC010019552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/220/2025 JIYARUL ISLAM S/O AJAHAR ALI R/O MAJGAON P.S. CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SUKUR ALI R/O MAJGUMI PUTHIMARI PS CHHAYGAON DIST. KAMRUP ASSA Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, MR. A ALI (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07.03.2025 Heard learned counsel Mr. A.Paramanik for the petitioner and Mr.B.Sarma, learned Addl.Public Prosecutor, Assam for the State respondent No.1. Also heard learned Counsel, Mr. A. Ali for the respondent No.2. The petitioner has filed this application under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Chhaygaon P.S.Case No. 03/2025, under Sections 64(1)/115(2) of BNS read with Section 6 of the POCSO Act. The learned counsel for the petitioner as well as the learned counsel for the respondent No. 2 have submitted that the petitioner is willing to marry the victim ‘X’. It is also submitted on behalf of the petitioner that the victim is at the verge of attaining majority and after she attains majority, marriage between the petitioner and victim will be solemnised. The learned Addl.Public Prosecutor has raised objection stating that unlike the submissions of the petitioner that there was a love affair between the petitioner and the minor victim ‘X’, case diary reveals that the petitioner had induced the victim to have physical relationship with him with false promise of marriage. I have considered the submissions at the Bar with circumspection. I have also scrutinised the case diary. There are indeed some materials against the petitioner. Page No.# 3/4 I have also considered the submission that the victim is at the verge of attaining majority. I have also considered the submission of the petitioner that the petitioner is a local resident and is not flight risk. I have also considered the submission of the petitioner that he is willing to co-operate with the trial and that earlier he had no criminal antecedents. It appears that pre-arrest bail may be granted to the petitioner. Investigation has also progressed substantially. In view of the foregoing discussions, the petitioner with prayer for pre- arrest bail is allowed. Accordingly, in the event of the arrest of the petitioner, he shall be enlarged on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned jurisdictional Court on the following conditions that:- (i) That the petitioner shall appear before the Investigating Officer within one week and co-operate with the investigation, (ii) That the petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the above conditions, bail order shall automatically stand cancelled. Send back the case diary. The anticipatory bail application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant