Page No.# 1/3 GAHC010029592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/356/2025 TAIJUL HOQUE S/O RAHMAT ALI, R/O VILLAGE/TOWN- NAGABANDHA (NIGAM), P S LAHARIGHAT, DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MUSTT. RUKIA KHATUN W/O MD. OSMAN ALI R/O VILL/TOWN- NAGABANDHA (NIGAM) P.S. LAHARIGHAT DIST.MORIGAON ASSA Advocate for the Petitioner : MS. S K NARGIS, MR F H LASKAR (2),MS N SULTANA,MS S BEGUM Advocate for the Respondent : PP, ASSAM, MS. M BARMAN (LEGAL AID COUNSEL),MR. A J HAZARIKA (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.10.2025 1. Heard Ms. S.K. Nargis, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam and Mr. A.J. Hazarika, learned counsel for the respondent no. 2 (informant). 2. By the application, the petitioner has prayed for pre arrest bail in connection with POCSO Case No. 51/2024 arising out of Laharighat PS Case No. 05/24 registered under Section 376D/506 IPC, read with Section 6 of the POCSO Act. 3. The FIR dated 06.01.2024 reflects that 4 months back from the date of the lodging of the FIR the daughter of the informant who was 16 years of her age was forcefully taken away from her house by the petitioner and 2 others and was subjected to sexual relationship and that her daughter became pregnant by 3 months. It was also alleged that the victim did not divulge the incident as she was afraid. 4. Ms. S.K. Nargis submits that the story narrated by the informant was a concocted story and that other 2 accused persons named in the FIR were released on bail after filing of the Charge-Sheet. She has also placed the Charge-Sheet wherein it is stated that after victim was medically examined, she was found pregnant by 8 weeks 6 days and that shows that she was pregnant for 2 months whereas, in the FIR the incident was stated to be 4 months back. As such she submits that the petitioner is not involved in the said offence. 5. Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam, however, submits on the basis of the records of the case that the victim had stated clearly in her statement before the Magistrate that the petitioner and Page No.# 3/3 others had raped her and she had relationship only with the petitioner. He also states that after filing of the Charge-sheet cognizance was taken against the petitioner and others of the offences mentioned above, and that the petitioner was absconding and the NBWA was issued against him. 6. On consideration of the submissions made by the learned counsel for the parties at the bar and on perusal of the case records more so, on the fact that in the FIR it is not clearly stated that the victim did not divulge the incident to her mother or anyone else even after a long period had gone by from the date of the incident and also seeing the pregnancy period, together on the fact that other co accused were released on bail, this court find it fits that the petitioner may be released on anticipatory bail on furnishing of a bail bond of Rs. 20,000/- with 1 (one) local surety of the like amount to the satisfaction of the trail court under the following conditions: (i) The petitioner shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of this order. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave their place of residence without the permission of the arresting authority. 7. In view of the above, petition stands disposed of. JUDGE Comparing Assistant