Page No.# 1/4 GAHC010024002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./338/2025 ASHRAFUL ALOM @ ASHAFUL ISLAM S/O MD LAL MIYA R/O TINSUKIA PS LAHORIGHAT DIST MORIGAON ASSAM PIN 782127 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSSTT FULBANU W/O MD ABDUL RAFIK R/O BAGALIPARA PATHAR P.S LAHORIGHAT DIST MORIGAON ASSA Advocate for the Petitioner : MS. B BHUYAN, MS R SAHIN,MR. P K SARMA Advocate for the Respondent : PP, ASSAM, MS M KAKOTY (R2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-02-2025 Heard Ms. B. Bhuyan, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1 and Ms. M. Kakoti, learned counsel appearing on behalf Page No.# 2/4 of respondent no. 2/informant. 2. This is an application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as the petitioner is behind bars since 22.10.2024 in connection with Lahorighat P.S. Case No. 538/2021 registered u/s 363/368/506, added section 376(3) IPC, r/w Section 4 of POCSO Act. 3. Scanned copy of the Case Diary has already been received. Perused the same. 4. Ms. Bhuyan, the learned counsel for the petitioner submitted in this regard that the present petitioner after filing of the charge-sheet had surrendered before the Court and he is in custody since last 148 days. The evidence of the victim has already been recorded by the learned Special Judge and considering his length of detention he may be released on bail. Ms. Bhuyan further submitted that the informant already compromised the matter and in this regard he also appeared before the learned Trial Court and sworn an affidavit before the learned Magistrate. The petitioner being the permanent resident of the addressed locality, he will regularly appear before the learned Trial Court below as and when the date is fixed. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that from the statement made by the victim it is seen that she eloped with the accused. However, the accused had developed a physical relationship with her. Further, he submitted that as per the victim also, after the settlement Rs. 40,000/- was paid to her by the father of the accused but after some days on being insisted by the accused/petitioner she again eloped with him taking that Rs. 40,000/- which was given to her by the parents of the accused. Accordingly, he raised objection and submitted that the statement of the Page No.# 3/4 informant is yet to be recorded by the learned Trial Court. 6. Ms. Kakoti, the learned counsel appearing for respondent no. 2 submitted in this regard that the matter has already been compromised and it is settled that both the petitioner and victim will get married after she attains some majority and accordingly she submitted that the informant has no objection if the present accused/petitioner is granted bail. 7. After hearing the submissions made by learned counsels for both sides, materials available in the scanned copy of the Case Diary and after considering the fact that the evidence of the victim has already been recorded, I find that further custodial detention may not be required. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 8. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Morigaon. The accused/petitioner, namely Md. Ashraful Alom @ Ashaful Islam, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, POCSO, Morigaon without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant