Page No.# 1/5 GAHC010041222025 2025:GAU-AS:3057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./531/2025 BIBHAN AHMED S/O RAFEL AHMED, RESIDENT OF UZANBAZAAR, ISLAMPATTY, PO UZANBAZAAR, PS LATASIL, DIST KAMRUP M ASSAM 781001 VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:OMAR ALI S/O LATE SARAFAT ALI RESIDENT OF HOUSE NO. 15 UZANBAZAAR ISLAMPATTY PO UZANBAZAAR PS LATASIL DIST KAMRUP M ASSAM 781001 3:SI HEMANTA KALITA (INFORMANT) LATASIL POLICE STATIO Advocate for the Petitioner : MR P TALUKDAR, MR A V SINGH,MR W R MEDHI Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.03.2025 Heard Mr. W. R. Medhi, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam, for the State. Also heard Dr. P. Agarwal, learned Amicus Curiae for the informant/respondent No. 2. 2) The petitioner, namely, Bibhan Ahmed, son of Rafel Ahmed, resident of Uzanbazar, Islampatty, Police Station-Latasil, District-Kamrup (Metro) has filed this application under Section 483 BNSS, 2023, praying for his bail in Latasil Police Station Case No. 05/2025, registered under Section 87 BNS, 2023 read with Section 6 of the POCSO Act, 2012, corresponding to G.R. No. 354/2025, wherein, he was arrested on 22.01.2025 and is in custody since then. 3) It is submitted by the petitioner that he and the minor victim girl were having an affair for quite some time and both of them eloped on 07.01.2025 and then appeared on 21.01.2025. 4) In the meanwhile, the father of the minor victim girl lodged a missing report before Police and after their recovery, the FIR was filed on 22.01.2025 by a Sub-Inspector of Police of Latasil Police Station before the authorities of Latasil Police Station, which was accordingly registered as Latasil P.S. Case No. 05/2025 under Section 87 BNS, 2023 read with Section 6 of the POCSO Act, 2012, corresponding to G.R. No. 354/2025. 5) It is submitted by the petitioner that he, having a love affair with the minor victim girl, moved out of Guwahati with her, but did not have any physical relation with the minor victim girl during his stay with her. 6) Perused the case diary placed before the Court today by Mr. B. Sharma, learned Additional Public Prosecutor, Assam. 7) From the case diary, it is seen that Police have seized the Birth Certificate of the victim girl issued by the Registrar of Births and Deaths, Azara Public Health Centre on 26.02.2010 that indicated the date of birth of the victim girl as 21.01.2010. As such, as per her birth certificate, Page No.# 3/5 the victim girl was a minor of 15 years old at the time of the incident. 8) From the case diary, it is also seen that after the recovery of the minor victim girl on 21.01.2025, she, in her statement before Police recorded under Section 180 BNSS as well as in her 183 BNSS statement before the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati recorded on 25.01.2025, stated that she was having a love affair with the petitioner since about a year back, who is her neighbour and on the date of the incident on 07.01.2025, he called her near her house and then took her in a car to a house, where she was kept for some days. However, she stated that she was not aware of the place where she was taken and kept. 9) In her statement under Section 183 BNSS before the learned Magistrate, the minor victim girl indicated that during their stay together they did not have any physical relation, clearly stating that the petitioner did not stay in that house with her. She also stated that on 21.01.2025 her mother and other family members recovered her from the house where she was kept and she was not aware as to how her mother and other family members got information about the house, from which she was recovered. 10) In her statement under Section 180 BNSS before the Police, the minor victim girl reiterated the same. 11) The mother of the minor victim girl indicated that her minor daughter eloped with the petitioner on 07.01.2025 and was later recovered from a house at North Guwahati. 12) Case diary indicates that the house from which the minor victim girl was recovered is at Gauripur, under North Guwahati Police Station and the said house was taken on rent by the petitioner wherein, he kept the minor victim girl. 13) It is also seen that though minor victim girl was forwarded to the Guwahati Medical College and Hospital by the Investigating Officer of the case for her medical examination, but the minor victim girl did not give her consent for the same. 14) In the case in hand, the minor victim girl has already been recovered and she denied of having any physical relationship with the petitioner in her statement before the learned Magistrate recorded under Section 183 BNSS. Page No.# 4/5 15) Considering the above, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of the case. As such, this bail application of the petitioner in said Latasil P.S. Case No. 05/2025, registered under Section 87 BNS, 2023 read with Section 6 of the POCSO Act, 2012 is accepted. 16) Accordingly, the petitioner, namely, Bibhan Ahmed, son of Rafel Ahmed, be released on bail in said Latasil P.S. Case No. 05/2025 on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Special Judge (POCSO) cum Additional Sessions Judge, Kamrup (Metro), Guwahati subject to the conditions that the petitioner, named above — i) shall appear before the Court of learned Special Judge (POCSO) cum Additional Sessions Judge, Kamrup (Metro), Guwahati in said Latasil P.S. Case No. 05/2025 on the dates the said case is fixed and also as and when he is required in the said case; ii) shall not leave the territorial jurisdiction of the Court of learned Special Judge (POCSO) cum Additional Sessions Judge, Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority; 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; v) shall not harm/threat the minor victim girl, her parents or anyone of her family members by him or by anyone acting on his behalf, in any manner and shall never come to the vicinity of the victim girl or anyone of her family and vi) shall not involve himself in any criminal activities in the future. 17) In the event of filing of charge-sheet against the petitioner in said Latasil P.S. Case No. 05/2025, corresponding to G.R. No. 354/2025, the petitioner shall appear before the concerned Trial Court and shall participate in the trial, without remaining absent in the case concerned. 18) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Bibhan Page No.# 5/5 Ahmed, son of Rafel Ahmed, the bail granted to him in said Latasil P.S. Case No. 05/2025, registered under Section 87 BNS, 2023 read with Section 6 of the POCSO Act, 2012 shall stand automatically vacated. 19) This bail application accordingly stands allowed to the extent above. 20) Return the case diary herewith. JUDGE Comparing Assistant