Gauhati High Court
Page No.# 1/6 vs The State Of Assam And Anr on 24 June, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010087932025
2025:GAU-AS:8510
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1319/2025
ANOWAR ALI
S/O AMIR ALI
R/OVILL- BHUMKI PT.I (TARANGGURI)
P.S. KOKRAJHAR
DIST.KOKRAJHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:SRI SAHADEB ARJYA
S/O LATE PALEN ARJYA
R/O VILL-BONORGAON
P.O.BONORGAON
P.S. DOTMA
DIST.KOKRAJHAR
ASSA
Advocate for the Petitioner : MR. S M MOLLAH, MR. J ALI
Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2)
Page No.# 2/6
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
24.06.2025
Heard Mr. S M Mollah, learned counsel for the petitioner and Mr. K K Das, learned
Additional Public Prosecutor, Assam for the State. Also heard Ms. Barnita Choudhury,
learned Amicus Curiae appearing on behalf of the respondent No.2/informant of the
case/father of the victim girl.
2. The petitioner, namely, Anowar Ali, son of Amir Ali, resident of village-Bhumki Pt.I
(Tarangguri), Police Station-Kokrajhar, District- Kokrajhar has filed this application under
Section 483 BNSS, 2023 praying for his bail in Special (POCSO) Case No. 139/2024,
arising out of Kokrajhar Police Station Case No. 29/2024 registered under Sections
363/368 IPC, corresponding to G.R. No. 53/2024, in which he was arrested on 11.05.2024
and is in custody since then.
3. As per the FIR of the case dated 30.01.2024 lodged by the respondent No. 2 the
case is that his minor daughter aged about 17 years went missing from his house on
22.01.2024. Though they searched for her in their relative’s houses but did not find her.
Later from reliable source he could come to know that the accused petitioner, resident of
Akonguri, Salakati, District-Kokrajhar concealed his daughter in undisclosed location. Said
FIR was lodged by the respondent No. 2 being the informant before the Dotma Police
Station, which was accordingly registered as Dotma Police Station Case No. 1/2024 under
Sections 363/368 of IPC.
4. Subsequently, Dotma Police Station Case No. 1/2024 was transferred to Kokrajhar
Police Station as the incident occurred within the jurisdiction of Kokrajhar Police Station,
wherein it was registered as Kokrajhar Police Station Case No. 29/2024 under Sections
363/368 IPC.
5. Later, the victim girl appeared before the Kokrajhar Police Station and both, the
Page No.# 3/6
victim girl and the accused petitioner were apprehended on 10.05.2024.
6. The victim girl was produced before the Court of the learned Judicial Magistrate
First Class, Kokrajhar on 13.05.2024 and her statement under Section 164 IPC was
recorded, in which the victim stated that since 1 ½ years back she was having love affair
with the accused petitioner and about five months back, sometime in January she fled
away with the accused petitioner and went to Delhi. At Delhi both of them got married
before a Kazi and stayed in a rented house. Then both of them came to Guwahati and
stayed in a rented house for about 4 months. During this period of their stay at Delhi and
Guwahati, both of them had sexual relation, for which she became pregnant and was
carrying a child of 4 months. As she could come to know that her family members have
lodged police case, both, she and the accused petitioner appeared before the Kokrajhar
Police Station.
7. Police during investigation of the case, seized the original Birth Certificate of the
victim girl issued on 12.04.2011 by the Registrar of Birth and Deaths, Srijangram PHC,
indicating the date of birth of the victim girl as 28.06.2006. As such, on the date of the
incident on 22.01.2024, the victim girl was more than 17 years 6 months of age.
8. Police after completion of investigation of the case, submitted charge-sheet on
30.05.2024 vide Charge-Sheet No. 93/2024 under Sections 363/368 IPC read with
Sections 376(1)/376(2)(m) IPC read with Section 6 of the POCSO Act read with Section 9
of Prohibition of Child Marriage Act.
9. On 18.06.2024, the Court of learned Special Judge (POCSO), Kokrajhar on receipt
of the charge-sheet took cognizance of the offences and accordingly Special (POCSO)
Case No. 139/2024 was registered pertaining said Kokrajhar P.S. Case No. 29/2024.
10. On 12.07.2024, the Court of learned Special Judge (POCSO), Kokrajhar framed
charges under Sections 376/366 IPC read with Section 6 of the POCSO Act against the
petitioner.
Page No.# 4/6
11. It is seen that as on 18.03.2025, prosecution have adduced evidence of 4 of its
witnesses, including the informant of the case and the minor victim girl.
12. Earlier the Court by order dated 26.03.2025 rejected the bail prayer of the
petitioner in said Special (POCSO) Case No. 139/2024 in Bail Application No. 87/2025.
13. Now, the petitioner has prayed for his bail in said Special (POCSO) Case No.
139/2024 arising out of Kokrajhar P.S. Case No. 29/2024 on the ground of non-
compliance of the provisions of Sections 50/50A of the CrPC as well as the law laid down
by 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 by the authorities of Kokrajhar Police Station while arresting
him on 11.05.2024.
14. Perused the records of the case.
15. On perusal of the records, it is seen that though Notice under Section 50 CrPC was
served upon the accused petitioner on the date of his arrest on 11.05.2024 which he had
acknowledged, but it is seen that except stating that he has been arrested in Kokrajhar
P.S. Case No. 29/2024 under Sections 363/368 IPC which is non-bailable to police and
that he has been forwarded to the Court, no such grounds/reasons for his arrest as
required under the provisions of Sections 50/50A of the CrPC as well as the law laid down
by the Hon’ble Supreme Court in the cases of Prabir Purkayastha (Supra) and Vihaan
Kumar (Supra) was informed to the petitioner, thereby violating the provisions of Article
22 of the Constitution of India.
16. Considering the above, the petitioner is entitled for his bail in said Special (POCSO)
Case No. 139/2024, arising out of Kokrajhar P.S. Case No. 29/2024, the trial of which is
presently pending before the Court of learned Special Judge (POCSO), Kokrajhar.
17. Accordingly, the petitioner, namely, Anowar Ali, son of Amir Ali, be released on
bail in said Special (POCSO) Case No. 139/2024, arising out of Kokrajhar P.S. Case No.
Page No.# 5/6
29/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), 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 District of Kokrajhar, to the satisfaction
of the learned Special Judge (POCSO), Kokrajhar subject to the conditions that the
petitioner, named above —
i) shall not leave the territorial jurisdiction of the learned Special Judge
(POCSO), Kokrajhar without obtaining prior written permission from the said
authority, till disposal of said Special (POCSO) Case No. 139/2024;
ii) shall regularly attend the trial before the learned Special Judge (POCSO),
Kokrajhar in said Special (POCSO) Case No. 139/2024 and shall co-operate
with the said Special Court during the trial of the said case till its disposal;
iii) shall not threat/harm the victim girl or anyone of her family members, by
himself or by anyone acting on his behalf, in any manner.
iv) shall not come to the vicinity of the victim girl or any one of her family
members.
v) shall not hamper and/or tamper with the evidence of the case;
vi) 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 and
vii) shall not involve himself in any criminal activities in future.
18. Violation of any of the aforesaid terms and conditions by the petitioner, namely,
Anowar Ali, the bail granted to him in said Special (POCSO) Case No. 139/2024, arising
out of Kokrajhar Police Station Case No. 29/2024 shall stand automatically vacated.
19. It is also made clear that the learned Special Judge (POCSO), Kokrajhar shall be at
liberty to impose any other conditions, as it deems fit and proper at the time of releasing
Page No.# 6/6
the accused petitioner, named above, on bail in said Special (POCSO) Case No. 139/2024,
arising out of Kokrajhar P.S. Case No. 29/2024 to secure his attendance during the trial of
the said case.
20. It is observed that this order relates to bail of the accused petitioner, namely,
Anowar Ali, in said Special (POCSO) Case No. 139/2024, arising out of Kokrajhar P.S.
Case No. 29/2024 and not on merits of the case.
21. The petitioner, named above, be released on bail accordingly, if he is not required in
any other Criminal Case.
22. The Court appreciates the service rendered by Ms. Barnita Choudhury, learned
Amicus Curiae appearing on behalf of the respondent No.2/informant of the case/father of
the victim girl in adjudication of this bail application.
23. The Gauhati High Court Legal Service Committee shall pay the remuneration of Ms.
Barnita Choudhury, learned Amicus Curiae, on raising a bill by her.
24. With the above observation and direction, this bail application stands allowed to the
extent above.
JUDGE
Comparing Assistant