Page No.# 1/4 GAHC010023822025 2025:GAU-AS:3520 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/344/2025 SORFOT ALI S/O MONAHAR ALI, RESIDENT OF VILLAGE PUB BHIR GAON, BISWANATH CHARIALI, BISWANATH, ASSAM 2: CHAHIBUR ALI S/O JAHIR ALI RESIDENT OF VILLAGE PUB BHIR GAON BISWANATH CHARIALI BISWANATH ASSAM 3: MONAHAR ALI S/O LATE USHMAT ALI RESIDENT OF VILLAGE PUB BHIR GAON BISWANATH CHARIALI BISWANATH ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:ISRAFIL ALI RESIDENT OF VILLAGE PUB BHIR PS BISWANATH CHARIALI DIST BISWANATH ASSA Advocate for the Petitioner : MS S DAS, MR. R GOSWAMI,MS. U BHATTACHARYYA,MS N DEVI Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, (R-2) BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 26/03/2025 Heard Mr. R Goswami, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State opposite party No. 1. Also heard Ms. M K Brown, learned Amicus Curiae for the informant/ opposite party No. 2. 2. The petitioners, namely, (1) Sorfot Ali, son of Monahar Ali, resident of Village-Pub Bhir Gaon, P.S. Biswanath Chariali, District-Biswanath, (2) Chahibur Ali, son of Jahir Ali, resident of Village-Pub Bhir Gaon, P.S. Biswanath Chariali, District-Biswanath and (3) Monahar Ali, son of late Ushmat Ali, resident of Village-Pub Bhir Gaon, P.S. Biswanath Chariali, District-Biswanath, have filed this application on 05.02.2025 under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Biswanath Police Station Case No. 21/2025 registered under Sections 296/351(2)/3(5) of BNS read with Section 12 of POCSO Act. 3. As per the FIR dated 27.01.2025 lodged by the informant/opposite party No. 2 before the Officer-in-Charge of Biswanath Chariali Police Station, the case is that the petitioner No. 1 tried to establish a love relation with his sister, a minor girl studying in Class-VIII and he was harassing her since long. Recently the petitioner No. 1 forcefully took away his minor sister and clicked some obscene photographs of her and made it viral. When the complainant along with others went to the house of the petitioner No. 1 in the evening of 25.01.2025 around 7:00 and objected to such act of the petitioner No. 1 in uploading such obscene photographs of his sister, the petitioner Nos. 2 and 3 chased them with bamboo and sticks in their hand intending to assault them. Having no alternative, they escaped from the said place to save their lives. Said FIR of the complainant was accordingly registered as Biswanath Police Station Case No. 21/2025 under Sections 296/351(2)/3(5) of BNS read with Section 12 of POCSO Act. 4. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. Page No.# 3/4 5. It is seen from the case diary that the FIR named accused No. 3, who is not a petitioner was arrested and was subsequently released on bail. 6. From the case diary, it is also seen that the statement of the victim girl under Section 183 BNSS was recorded by the learned Judicial Magistrate, First Class, Biswanath Chariali on 30.01.2025. The minor victim girl implicated the petitioner No. 1 of committing forceful sexual act on her. However, she did not implicate the petitioner Nos. (2) Chahibur Ali and (3) Monahar Ali. 7. From the case diary, it is further seen that the neighbours or any other independent witnesses did not implicate the petitioner Nos. 2 & 3 of assaulting the complainant or any members of his family as alleged in the FIR. 8. Considering such incriminating materials in the case diary against the petitioner No. 1 with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner No. (1) Sorfot Ali, son of Monahar Ali in said Biswanath P.S. Case No. 21/2025. Accordingly, this pre-arrest bail application of the petitioner No. (1) Sorfot Ali in said Biswanath P.S. Case No. 21/2025 stands rejected. 9. However, considering the materials available in the case diary and since none of the witnesses as well as the minor victim girl implicated the petitioner Nos. 2 & 3 in the alleged crime, the Court is of the view that custodial detention of the petitioner Nos. 2 & 3, named above, are not warranted to investigate the said Biswanath P.S. Case No. 21/2025. As such, this pre-arrest bail application of the petitioner Nos. 2 & 3 is accepted. 10. Accordingly, in the event of arrest of the petitioner Nos. (2) Chahibur Ali, son of Jahir Ali and (3) Monahar Ali, son of late Ushmat Ali, in said Biswanath P.S. Case No. 21/2025 registered under Sections 296/351(2)/3(5) of BNS read with Section 12 of POCSO Act, they shall be released on bail on furnishing a bail bond of Rs.50,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the arresting authority, subject to the conditions that the petitioner Nos. 2 & 3 – (i) shall appear before the concerned Investigating Officer of Biswanath P.S. Case No. 21/2025 on or before 04.04.2025 and thereafter, as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Biswanath Police Station, without obtaining Page No.# 4/4 prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 (v) shall not harm/threat the victim girl, her parents or anyone of her family members by them or by anyone acting on their behalf, in any manner and shall never come to the vicinity of the victim girl or anyone of her family. 11. Violation of any of the aforesaid terms and conditions by either of the petitioners, (2) Chahibur Ali and (3) Monahar Ali, the pre-arrest bail granted to them in said Biswanath P.S. Case No. 21/2025 shall stand automatically vacated. 12. Accordingly, this pre-arrest bail application stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant