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Gauhati High Court

Ajmir Pramanik vs The State Of Assam And Anr on 6 March, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                              Page No.# 1/3

GAHC010022912025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB/236/2025

            AJMIR PRAMANIK
            S/O ABDUL HUSSAIN PARAMANIK,
            R/O VILLAGE CHITHILAGHOP, PS FAKIRAGRAM DISTRICT KOKRAJHAR
            (BTC), ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:MD JAHANUDDIN AHMED
             S/O ABDUL GOFUR
            VILLAGE- CHITHILAGHOP PS FAKIRAGRAM
            DISTRICT- KOKRAJHAR BTC
            ASSA

Advocate for the Petitioner   : MR. A LAL, P GANDHIYA,B C SANGTAM,M K DEB,MR A
BRAHMA

Advocate for the Respondent : PP, ASSAM, MR. S RANA (R2)




                                         BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                          ORDER

06-03-2025 Heard Mr. A. Lal, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam, for the opposite party No.1. Also heard Mr. S. Rana, learned counsel for the informant/opposite party No.2.

Page No.# 2/3

2. Apprehending his arrest, the petitioner, namely, Ajmir Pramanik, son of Abdul Hussain Paramanik, resident of Village-Chithilaghop, P.S.-Fakiragram, District-Kokrajhar, Assam has filed this application under Section 482 of the BNSS, 2023 seeking pre-arrest bail in Fakiragram Police Station Case No. 02/2025 corresponding to G.R. No.17/2025 registered under Sections 61(2)/87/127(2)/351(2)/351(3) BNS, 2023, read with Section 4 of the POCSO Act,2012.

3. Mr. Parashar, learned Additional Public Prosecutor, Assam has placed the case diary before the Court, which is upto 20.01.2025 and objected to the bail prayer of the petitioner stating that the victim girl in her statement under Section 183 BNSS recorded on 09.01.2025 by the learned JMFC, Kokrajhar has implicated the petitioner.

4. List this matter on 01.04.2025 enabling the learned Additional Public Prosecutor, Assam to place the up-to-date case diary pertaining to said Fakiragram P.S. Case No. 02/2025.

5. Till then, (i.e., 01.04.2025), in the interim, it is provided that in the event of arrest of the petitioner, namely, Ajmir Pramanik, son of Abdul Hussain Paramanik in said Fakiragram P.S. Case No. 02/2025, he shall be released on bail on furnishing a bail bond of Rs.50,000/- with two local sureties each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioner - (i) shall appear before the Investigating Officer of said Fakiragram P.S. Case No. 02/2025 during the office hours on or before 13.03.2025 and thereafter, as and when he is required for necessary investigation of said Fakiragram P.S. Case; (ii) shall not leave the territorial jurisdiction of the Fakiragram Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 or to any police officer; (v) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf; (vi) shall not come to the vicinity of the victim girl or anyone of her family and (vii) shall not involve himself in any such criminal activities in future.

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6. Any violation of the aforesaid terms and conditions by the petitioner, named above, the interim pre-arrest bail granted to him in the aforementioned Fakiragram P.S. Case No. 02/2025 shall stand automatically vacated.

7. List accordingly on 01.04.2025.

JUDGE Comparing Assistant