ORDER

Date : 13.12.2024 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M.

Hussain, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Hajo P.S. Case No. 381/2024, under Sections 329(2)/117(2)/3(5) of BNS, added Section 74 of BNS & Section 8 of POCSO Act, 2012.

3. Case Diary has been received. Perused the same. Heard both sides.

4. From the Office Note, it reveals that the notice on respondent No. 2 has already been served and the copy is also received by the learned Additional Public Prosecutor. However, no one has represented the respondent No. 2.

5. Mr. Choudhury, learned Senior Counsel for the petitioners, submitted that the present accused/petitioners are innocent and they are no way involved in the alleged offence. He further submitted that earlier the case was registered under some bailable Sections and the present accused/petitioners, along with others, were already granted bail by the learned Trial Court below. But, subsequently, on the basis of the prayer made by the I.O., Section 74 BNS read with Section 8 of POCSO Act is also added and hence, the present accused/petitioners are apprehending arrest in connection with this case. Further he submitted that from the prayer made by the I.O. and the order passed by the learned Trial Court below, it is also seen that the victim brought no allegations against the present accused/ petitioners to implicate them under Section 8 of POCSO Act. Mr. Choudhury further submitted that both the accused/petitioners are however ready and willing to extend their full co- operation in the further investigation of this case if they are granted with the privilege of pre-arrest bail.

6. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that it is a fact that earlier the case was registered under some bailable Sections, however on the prayer made by the I.O., Section 74 BNS read with Section 8 of POCSO Act was added. He further submitted that after perusal of the Case Diary, it reveals that though there is no allegation of any sexual assault on the victim by the present accused/petitioners, but there are some allegations of assault on the victim and one other person. Further he submitted that from the medical report also, it is seen that the victim sustained some injuries due to assault on her along with one another person. He, accordingly, raised objection in granting the privilege of pre-arrest bail to the accused/petitioners at this stage.

7. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, I find that custodial interrogation of the present accused/petitioners seems to be not necessary in this case and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners.

8. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Kurpan Ali @ Kurban Ali & (ii) Jakir Hussain @ Jakir Khan, in connection with Hajo P.S. Case No. 381/2024, under Sections 329(2)/117(2)/3(5) of BNS, added Section 74 of BNS & Section 8 of POCSO Act, 2012, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioners 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 him