The statutory bar for anticipatory bail in grave offences must be given a purposive interpretation, treating the conjunction 'and' as 'or' to avoid undermining the legislative objective of restricting bail for serious crimes.

ORDER :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. A. F. N. U. Mollah, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S. Nawaz, learned Amicus Curiae appointed by the Court.

2. This application under Section 482 of BNSS has been filed by the petitioners, namely, 1. Nazir Hussain, 2. Insan Ali, 3. Nazina Bibi and 4. Abdul Wahab who are apprehending their arrest in connection with Gauripur P.S. Case No. 15/2025 under Sections 61(2)/137(2)/303(2)/65(1)/308(2) of the BNS.

3. The gist of accusation in this case is that on 09.01.2025, one Nozmul Hoque had lodged an FIR before the Officer-in-charge of Gauripur Police Station, inter alia, alleging that on 26.11.2024, the accused persons named in the FIR (present petitioners) had kidnapped the minor daughter of the informant. However, the Police on filing of an FIR recovered the daughter of the informant and handed over her custody to the informant.

4. However, it is alleged in the FIR that on 09.01.2025, the accused No. 1 again kidnapped the daughter of the informant with the help of other accused persons (the present petitioners). It is also alleged in the FIR that the petitioner No. 1 also took an amount of Rs.1,50,000/- (One Lakh Fifty Thousand) from the Almirah. It is further alleged that the petitioner No. 1 had committed sexual intercourse with the daughter of the informant on pretext of marrying her. The date of birth of the victim girl is stated to be on 07.11.2010 in the FIR.

5. The learned counsel for the petitioners has submitted that the daughter of the informant is not a minor and her date of birth is 07.11.2006. It is also submitted by the learned counsel for the petitioners that the informant’s daughter had on her own accompanied the petitioner No. 1. It is also submitted that there is a love affair between the victim girl and the petitioner No. 1 since long back and that she has been married to the petitioner No. 1 and were staying together happily as married couple. However, the said relationship was not agreeable to her parents, therefore, only with an intention to harass the petitioners, a false FIR has been lodged.

6. In support of his submissions that the victim girl is not a minor, the petitioners have annexed the transfer/leaving certificate of the victim girl issued by the Bilasipara Kasturba Gandhi Balika Vidyalaya, wherein her date of birth has been stated as 07.11.2006. The learned counsel for the petitioners, therefore, submits that the victim girl was major on the date of alleged incident and she left with the petitioner No. 1 out of her own sweet will.

7. The learned counsel for the petitioners also submits that in the meanwhile, petitioner Nos. 2, 3 and 4 were granted interim bail by this Court by order dated 10.04.2025 and in pursuant to the directions of this Court, they have co-operated in the investigation. He submits that all the petitioners, including the petitioner No. 1 are ready to co-operate in the investigation and, therefore, their prayer for anticipatory bail may be allowed.

8. At the beginning of the hearing of this anticipatory bail application, the learned Additional Public Prosecutor has raised the plea of maintainability of this anticipatory bail