Page No.# 1/4 GAHC010026672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./350/2025 FARUQUE AHMED S/O LATE ARAB ALI R/O VILL-ATHAL BASTI, P.O. GHUNGOOR P.S.SILCHAR DIST. CACHAR,ASSAM PIN-778014 VERSUS THE STATE OF ASSAM AND 2 ORS. REP BY THE PP, ASSAM 2:MUNNI DUSAD DO NANDALAL DUSAD R/OVILL-IRONGMARA P.O.IRONGMARA P.S.DWARBOND DIST. CACHAR ASSAM PIN-788011 3:XXXXX XXXXX TO BE REPRESENTED BY HER AUNT MUNNI DUSAD R/O VILL-IRONGMARA P.O.IRONGMARA P.S.DWARBOND DIST. CACHAR ASSAM PIN-78801 Advocate for the Petitioner : MR H R A CHOUDHURY, MR N A MAZARBHUIYA,M ALI,A S CHOUDHURY,MR N Z CHOUDHURY Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, MS. M K BROWN(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.03.2025 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. N. A. Mazarbhuiya, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State as well as Ms. M. K. Brown, learned Amicus Curiae, appearing for the respondent No. 2. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Faruque Ahmed, who has been detained behind the bars since 03.02.2025 (for last 31 days) in connection with Dwarbond P.S. Case No. 06/2025 under Sections 64/75(2)/351(2) of BNS read with Section 12 of the POCSO Act. 3. The gist of accusation in this case is that on 31.01.2025, the aunt of the victim girl had lodged an FIR before the In-charge of Irongmara Police Outpost, inter alia, alleging that on the date of lodging of FIR at around 10:15 AM, the petitioner who is an office staff of the Department of Law, Assam University, Silchar had physically abused her nephew and subjected her to sexual harassment and, thereafter he threatened the informant not to lodged an FIR. 4. The learned counsel for the petitioner has submitted that though in the forwarding report of this case, Section 64 of the BNS has been mentioned against the Dwarbond P.S. Case No. 06/2025, however, there is no material on record, nor even an accusation that the victim has been raped. He further submits that the petitioner has already been put under suspension and he has been detained behind the bars for last 31 days and considering the period of detention, he may be allowed to go on bail. Page No.# 3/4 5. On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail on the ground that there are sufficient incriminating materials against the petitioner in the case diary and even the victim in her statement recorded under Section 183 of the BNS has implicated the petitioner. 6. Ms. M. K. Brown, the learned Amicus Curiae has also opposed the grant of bail to the petitioner on the ground that the Section 64 has been correctly added in this case as in the medical report there is an indication in the comment column that there was an attempt to commit rape on the victim. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record. 8. Though, there are sufficient materials on record which implicate the petitioner of having subjected the victim girl to sexual harassment, however, the materials are deficient to implicate him for an offence under Section 64 of the BNS. 9. Moreover, the petitioner has been detained behind the bars for the last 31 days and he has already been put under suspension. Further, considering the progress of investigation, this Court is of the considered opinion that if appropriate conditions are imposed on the petitioner while granting him bail, his further custodial detention may not be necessary for fair completion of the investigation of Dwarbond P.S. Case No. 06/2025. 10. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Special Judge (POSCO), Cachar, Silchar, with following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any Page No.# 4/4 inducement, threat or promise to the victim or to any persons who may be acquainted with the facts of the case so as to dissuade the victim or such person from disclosing such facts before the Investigating Officer or to any Court. 11. With the above observations, this bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant