Page No.# 1/4 GAHC010256332025 2026:GAU-AS:1918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2993/2025 MOKHLES ALI @ MD. MOKLES ALI S/O- MD. ABDUL AZIZ, VILL- MESKARJHAR PART-I, P.S.- ABHAYAPURI, DIST.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY P.P., ASSAM 2:MUSSTT. INISA BIBI (INFORMANT) W/O- SURAT JAMAL SK VILL- BANGALDOBA PART-II P.O.- DHANTOLA P.S. AND DIST.- KOKRAJHAR ASSAM PIN- 78334 Advocate for the Petitioner : MR. N J DUTTA, MD. A HUSSAIN,MR. M HOQUE Advocate for the Respondent : PP, ASSAM, MR. A S CHOUDHURY(R2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 11.02.2026 Heard Mr. NJ Dutta, learned counsel appearing for the accused-applicant. Also heard Mr. DP Goswami, learned Additional Public Prosecutor appearing for Page No.# 2/4 the State and Mr. AS Choudhury, learned counsel appearing for the respondent no. 2 - informant. 2. This is an application filed under Section 482 BNSS, 2023, by the accused- applicant, namely, Mokhles Ali @ Md. Mokles Ali praying for pre-arrest bail in connection with Kokrajhar P.S. Case No. 368/2022 under Sections 363/376(3)/324 of the Indian Penal Code r/w Section 6 of POCSO Act, 2012. 3. On the basis of an FIR lodged on 05.08.2022 by the informant alleging that her minor daughter, who is aged about 17 years, was enticed by the accused – applicant and took her to an unknown place and after detaining raped her. On the basis of the FIR, the police registered Kokrajhar P.S. Case No. 368/2022 under the aforementioned sections. 4. Mr. Dutta, learned counsel appearing for the accused applicant submits that the instant case has been instituted against the accused – applicant purely on the basis of misunderstanding. He submits that, in fact, the accused – applicant and the victim girl were in a love relationship and the girl went voluntarily with him and no such offence as alleged in the FIR was committed by the accused – applicant with the victim girl. He further submits that an affidavit sworn by the informant has been annexed in the instant case, wherein, it has been stated in details that, in fact, the girl was in a love relationship with the accused – applicant and the informant’s minor daughter had eloped with the accused – applicant intending to get married. It was also stated that the FIR was lodged by the informant due to certain misunderstanding as the girl was missing at that point of time. It was further stated that the families of accused – applicant as well as the victim girl have already come to an understanding not to pursue the instant case anymore. In view of the aforesaid, the learned counsel appearing for the accused – applicant, submits that the accused – Page No.# 3/4 applicant should be granted pre-arrest bail at this stage as the FIR was lodged purely on the basis of a misunderstanding. 5. On the other hand, Mr. D.P. Goswami, learned Additional Public Prosecutor submits that there are materials against the accused-applicant indicating his involvement in the alleged offence as narrated in the FIR. Therefore, he opposes the bail. 6. Mr. Choudhury, learned counsel appearing for the respondent no. 2 submits that he has been instructed by the informant not to oppose the bail in the instant case as the aforesaid affidavit has been submitted before this Court. He further submits that the victim girl has already got married to another person and she is happily married. 7. This Court has gone through the affidavit that has been submitted before this Court as well as heard the submissions made by the learned counsel appearing for the respective parties. Taking into account the whole facts, this Court is of the opinion that at this stage, the accused-applicant should be granted the privilege of pre-arrest bail on furnishing a bail-bond of Rs. 30,000/- (Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: - i. that, the accused – applicant shall appear before the I.O. within 10 days from today and cooperate with the investigation; ii. that, the accused – applicant shall not try to get in connection with the victim girl or her family, in any manner, during the investigation of the case to influence them in any manner; iii. the accused-applicant shall not directly or indirectly make any Page No.# 4/4 attempt to influence witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade them from disclosing such facts to the police of the Court. 8. In view of the aforesaid directions, this AB application stands disposed of as allowed. JUDGE Comparing Assistant