Page No.# 1/3 GAHC010045872026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/519/2026 SAIBUDDIN ALIAS SHAIBUDDIN S/O-ABUL BASHIR, VILLAGE-KALYANPUR P.S.- BAGUAN DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM 2:OJUFA KHATUN (INFORMANT) W/O- MIZANUR RAHMAN VILLAGE-KALYANPUR. P.S.- BAGUAN DIST- GOALPARA ASSA Advocate for the Petitioner : MR. N J DUTTA, MR. M HOQUE Advocate for the Respondent : PP, ASSAM (R1), MD A ALI (R2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 07.05.2026 1. Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State and Mr. A. Ali, learned counsel for the informant. Page No.# 2/3 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Saibuddin @ Shaibuddin, has prayed for granting pre-arrest bail, apprehending arrest in connection with Baguan P.S. Case No. 05/2026, registered under Section 65(1) BNS R/W Section 6 of POCSO Act. 3. An FIR dated 20.01.2026 was lodged by the mother of the victim girl stated to be aged 14.5 years, in which she stated that the accused fell in love with her daughter and they had physical relationship leading to her pregnancy. 4. The case diary as called for has been received. 5. It is stated and submitted that in the meantime, the parties have arrived at a settlement and in support of the same, the informant has submitted an affidavit stating about such settlement. In the affidavit also the informant has stated about love affair of the accused and the victim girl and they eloped to solemnize their marriage. 6. The learned counsel for the petitioner submits that the parties have decided that after the girl attains majority, their marriage will be solemnized. 7. The learned counsel for the informant supports the affidavit. 8. The learned Additional Public Prosecutor submits that the victim is a minor and the ingredients of Section 6 are made up and in the meantime, the girl has also given birth to a child. 9. The statement of the girl recorded during investigation has been placed before me in which the girl has stated about her love affair with the petitioner followed by physical relationship leading to her pregnancy. Page No.# 3/3 10. It is also settled that such offenses are beyond the scope of compounding as per law though the inherent powers of the Court under Section 528 BNSS in facts and circumstances of each case is another matter. 11. Despite the materials adverse to the petitioner, I am of the considered view that no purpose would be served in view of the other circumstances that have emerged to keep him in custody at this stage. However, the investigation can proceed to its logical conclusions. 12. In such view of the matter, it is directed that in the event of arrest of the petitioner in connection with this case, he may be allowed to go on bail of Rs.50,000/- with one security of the like amount to the satisfaction of the arresting authority and subject to the conditions that the petitioner:- (i) shall not abscond; (ii) shall not hamper or tamper with evidence; (iii) shall not in any manner cause any harm or harassment or intimidation upon the victim girl. 13. Accordingly, the bail application stands allowed and disposed of. 14. Return the case diary. JUDGE Comparing Assistant