GUWAHATI, India, Nov. 8 -- Gauhati High Court issued the following order on Oct. 8:

Heard Mr. R. Ali, learned counsel appearing for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam appearing for the State respondent.

This is an application under Section 482 of BNSS, 2023, for granting pre-arrest bail to the petitioners in connection with Patacharkuchi Police Station Case No. 174/2025 registered under Section 6 of the POCSO Act.

The case as has been narrated in the F.I.R. is that one Mr. Mahibul Islam induced the minor sister of the informant and had forceful sexual intercourse with her in his residence. When the informant got to know about the incident, he along with his family members immediately intimated the same to the family member of the accused Mahibul Islam. But the family members, including the applicants did not take any action against the accused, Mohibul Islam, rather Mohibul Islam fled away.

Mr. R. Ali, learned counsel appearing for the petitioners, submits that the petitioner No.1 is the father of the accused Mahibul Islam, whereas the accused petitioner No. 2 is the mother of the accused, petitioner No. 3 is the brother of the accused, the petitioner No. 4 is the sister-in-law of the accused and they were nowhere involved in the alleged offence.

Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the state respondent, objects to the grant of interim prearrest bail stating that there are incriminating materials against the accused petitioners which can be discernable from the said F.I.R. itself.

It is seen that the F.I.R. has been registered under Section 6 of the POCSO Act and no other panel sections have been added in the F.I.R.

Looking into the contents of the F.I.R. and submissions made by respective counsels, this court is of the considered opinion that this is a fit case wherein the applicants should be allowed to go on interim pre-arrest bail. Accordingly, the applicants are allowed to go on interim pre-arrest bail on bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each, with sureties of the like amount to the satisfaction of the arresting authority.

The above interim pre-arrest bail, however is subject to the following conditions:-

i) The petitioners shall appear before the Investigating Authority within 7 (seven) days of passing of this order and in the event their non-appearance before the Investigating Authority, this interim pre-arrest bail shall be deemed to be cancelled.

ii) The applicants will co-operate with the investigation.

iii) The petitioners shall appear before the Investigating Authority as and when required.

Call for the case diary.

Issue notice on the respondent No. 2 through the office of the learned Public Prosecutor and the notice shall be executed on the respondent No.2 through the Officer-in-Charge of Patacharkuchi Police Station and a report of such service shall be submitted before this court.

List the matter on 31.10.2025.

Disclaimer: Curated by HT Syndication.