Page No.# 1/6 GAHC010047182025 2025:GAU-AS:6071 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./693/2025 AHAMMAD ALI S/O LATE SURMAN ALI R/O VILL-FASATPUR, P.O. RANGAMATI, P.S. GAURIPUR DIST.DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SUKUR ALI SK. (FATHER OF THE ALLEGED VICTIM GIRL) SONOF LATE MD. HAKIMUDDIN SK R/O VILL- BARAIRBARI PART-V P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, MS. S PHUKAN(R-2),MR N Z AZAD (R-2),MR S RAHMAN(R-2) Page No.# 2/6 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 15-05-2025 Heard Mr. I. H. Laskar, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Mr. S. Rahman, learned counsel for the opposite party No.2/informant, father of the victim girl. 2. The petitioner, namely, Ahammad Ali, son of late Surman Ali, resident of Village- Fasatpur, Post Office-Rangamati, Police Station-Gauripur, District-Dhubri, Assam, has filed this application under Section 483 BNSS, 2023 on 03.03.2025 praying for his bail in Special (POCSO) Case No. 69/2025, arising out of Gauripur Police Station Case No. 370/2024, registered under Sections 61(2)/137(2)/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act, 2012, corresponding to G.R. No.1383/2024 in which, he was arrested on 12.01.2025 and is in custody since then. 3. It is stated that though the petitioner prayed for his bail before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri, but by order dated 18.02.2025, his bail prayer in said Gauripur P.S. Case No. 370/2024 was rejected. 4. The petitioner contended that it is the co-accused Ansari Sk, who committed the alleged crime, who is absconding and the petitioner being not involved in the case, is in custody since 12.01.2025 in said Gauripur P.S. Case No. 370/2024. 5. After his arrest on 12.01.2025, the petitioner was produced before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri on 12.01.2025 itself. 6. Petitioner contended that considering his detention in custody since 12.01.2025 in said Gauripur P.S. Case No. 370/2024, he should be released on bail. 7. After completion of the investigation of the case, Charge-Sheet in said Gauripur P.S. Case No. 370/2024 was filed on 26.02.2025 vide Charge Sheet No. 42/2025 under Page No.# 3/6 Sections 61(2)/137(2)/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act, 2012 against the petitioner. 8. After filing of the charge sheet in said Gauripur P.S. Case No. 370/2024 on 26.02.2025, the said case was re-registered and re-numbered as Special (POCSO) Case No.69/2025 before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri. 9. On 24.03.2025, the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri took cognizance of the offence under Sections 61(2)/137(2)/65(1) of the BNS, 2023, read with Section 4 of the POCSO Act, 2012 against the petitioner. 10. By filing an additional affidavit on 22.04.2025 the petitioner further contended that while arresting him on 12.01.2025 in said Gauripur P.S. Case No. 370/2024, the authorities of the Gauripur Police Station in said Gauripur P.S. Case did not specify the grounds of his arrest and also did not inform his nominated persons pertaining to his arrest in said Gauripur P.S. Case as required under Sections 47 and 48 of the BNSS, 2023, violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 11. In this regard, the petitioner relied upon the decisions of the Hon’ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269. 12. Perused the record of Special (POCSO) Case No. 69/2025, along with the record of Gauripur P.S. Case No. 370/2024, that were called for by order dated 23.04.2025. 13. On perusal of the records of the case, it is seen that in the Notice under Section 47 BNSS served on the petitioner by the police authorities of Gauripur Police Station in Gauripur P.S. Case No. 370/2024, though he was informed that he was arrested on 12.01.2025 in said Gauripur P.S. Case, but the police authorities concerned did not provide the full particulars of the offence for which he was arrested and other grounds for his such arrest. Further, no Notice under Section 48 BNSS (Section 50A CrPC) in said Gauripur P.S. Case No. 370/2024 was ever issued to his relatives or authorised person. Page No.# 4/6 Moreover, in the said Notice under Section 47 BNSS, the petitioner was also not informed by the authorities of Gauripur Police Station that he was entitled to be released on bail and he may arrange for sureties on his behalf. As such, the Police authorities of Gauripur Police Station while arresting the petitioner in said Gauripur P.S. Case No. 370/2024 violated the provisions of Article 22 of the Constitution of India. 14. Considering such materials in the case records and since the police personnel of Gauripur Police Station while arresting the petitioner on 12.01.2025 in Gauripur P.S. Case No. 370/2024 did not comply with the provisions of Sections 47 and 48 of the BNSS, 2023 and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (POCSO) Case No. 69/2025, arising out of Gauripur P.S. Case No. 370/2024, corresponding to G.R. No.1383/2024, the trial of which is presently pending before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri, if he is not required in any other criminal case. 15. 15. Accordingly, the petitioner, Ahammad Ali, son of late Surman Ali, be released on bail in said Special (POCSO) Case No. 69/2025, arising out of Gauripur P.S. Case No. 370/2024, corresponding to G.R. No.1383/2024, on furnishing a bail bond of Rs. 1,00,000/- (Rupees One Lakh), only with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (POCSO)- cum-Additional Sessions Judge, Dhubri subject to the conditions that the petitioner, named above — (i) shall appear before the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri during the trial and on the dates so fixed in said Special (POCSO) Case No. 69/2025, arising out of Gauripur Police Station Case No. 370/2024 and as and when he is required for his appearance in the said case; (ii) shall not leave the territorial jurisdiction of said learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri, without obtaining prior Page No.# 5/6 written permission from the said authority; (iii) shall not hamper 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; (v) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf; (vi) shall not come to the vicinity of the victim girl or anyone of her family and (vii) shall not involve himself in any criminal activities. 16. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Ahammad Ali, the bail granted to him in said Special (POCSO) Case No. 69/2025, arising out of Gauripur P.S. Case No. 370/2024, shall stand automatically vacated. 17. It is also made clear that the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above, on bail in said Special (POCSO) Case No. 69/2025, arising out of Gauripur P.S. Case No. 370/2024, to procure his attendance during the trial of the said case. 18. Any observation made hereinabove in this bail application, the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Dhubri shall not be influenced by it, while adjudicating the said Special (POCSO) Case No. 69/2025, arising out of Gauripur P.S. Case No. 370/2024. 19. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Page No.# 6/6 Comparing Assistant