Page No.# 1/3 GAHC010029922025 2025:GAU-AS:7098 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./423/2025 MOINUL ISLAM @ MOINUL HAQUE S/O- ISMAIL ALI, R/O- VILL- NO. 2, KARUNABARI, P.S- LALUK, PIN- 784160, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MUSSTT. HABIJA KHATUN (INFORMANT) W/O IMAN ALI R/O GOHAIN PUKHURI P.S. BIHPURIA PIN-784160 DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. M K SARMA, MS. S S SAIKIA Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2025 Heard Mr. M.K. Sarma, learned counsel for the petitioner. Also heard Mr. M.P. Page No.# 2/3 Goswami, learned Additional Public Prosecutor for the State of Assam and Ms. M. K. Brown, learned Amicus Curiae representing the respondent No.2. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S), 2023, in respect of Spl.(POCSO) Case No. 35/2024 pending in the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur. 3. The informant has lodged an F.I.R alleging that on 11.02.2024 her 16 years old daughter was forcibly taken away by the petitioner, who kept her in a hotel where he had forcible physical relationship with the girl. Next morning, the girl was left abandoned at Bangalmara Center. 4. In her statement under Section 161 of the Cr.P.C, she has stated that she was in love with the petitioner. She states that on the date of occurrence, petitioner called her and accordingly, she came out of her house. Both of them travelled in a car belonging to the petitioner. They spent night at a hotel where the petitioner had physical relationship with her. She further states that next morning both of them came out of the hotel and she was dropped at Bangalmara area. 5. In her statement under Section 164 Cr.P.C, the girl has stated that she was forcibly taken away by the petitioner when she was going to school and according to her, she was kept in a hotel where the petitioner had forcible physical relationship with her and in the next morning she was abandoned at Bangalmara. 6. I have gone through her evidence. In her evidence also she said the same thing. 7. The trial Court examined the doctor who had examined the victim girl during police investigation. I have gone through his evidence. He has stated that according to Page No.# 3/3 the ossification test, the girl was above 18 years of age. 8. The doctor also said that the girl had eloped with her boyfriend and stayed at a hotel. Doctor did not find any injuries on the person of the present petitioner. 9. I have considered the submissions made by the learned counsel of both sides. 10. The girl has narrated two different facts before two different forums. Considering the aforesaid facts this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 11. This bail application is allowed. 12. The petitioner Moinul Islam @ Moinul Haque who is facing trial in Spl.(POCSO) Case No. 35/2024, pending in the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur, shall be released on bail of Rs.35,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur 13. With the aforesaid direction, this bail application is disposed of JUDGE Comparing Assistant