Page No.# 1/3 GAHC010213732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2409/2026 BHARGAV THAKURIA S/O MONORANJAN THAKURIA RESIDENT OF DHOPARGURI, P.S HAJO, DISTRICT KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. S MUNIR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. S. Munir, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre arrest bail in connection with Hajo PS Case No. 469/2026 registered under Section 87 of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest Page No.# 2/3 was lodged by the father of the victim stating inter alia that the victim, who was aged 16 years, was found missing from his house and upon searching, he came to know that the petitioner had forcibly taken her in his motorcycle. It was also stated by the informant that petitioner on earlier occasion had also taken his daughter on the pretext of love and that the informant had brought her back from the house of the accused by counseling her. 3. The learned Counsel for the petitioner submits that there was relationship between the petitioner and the victim and that the victim on her own volition had gone to the house of the petitioner. 4. Mr. RJ Baruah, learned Additional Public Prosecutor for the State, on the other hand submits that the FIR shows that the petitioner had forcibly taken the victim who was of 16 years of age and as such he submits that the Case Diary be called in order to see the complicity of the petitioner as well as whether any POCSO provisions are attracted and also to the effect whether the victim has been recovered or not. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that it is already stated in the FIR that there was a relationship between the petitioner and the victim and also due to the fact that the police did not register the case under any POCSO provisions, this Court enlarges the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer within a period of 15 days from the date of the order. ii) the petitioner will appear before the Investigating Officer thereafter as Page No.# 3/3 and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant