JUDGMENT :

1. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Kunsur Ali @ Kunsur Ali Sk. and 2) Ratul Islam @ Mohibur Islam, in connection with Kokrajhar Police Station Case No.772/2021 registered under Sections 376/506/511/34 of the Indian Penal Code, read with Section 18 of the Protection of Children from Sexual Offences Act, 2012.

2. Heard Mr. T.J. Mahanta, learned senior counsel assisted by P.P. Dutta, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

3. Case diary produced has been perused, including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In her such statement recorded under Section 164 of the Code of Criminal Procedure, the victim has implicated the petitioner with the commission of an offence of attempted rape. It has come out from her such statement that the informant has touched her hand as well as the breast. From the statement of the other witnesses, it appears that they have no independent knowledge of the situation and rather they are witness to the si