AB/1661/2026 of FAJRUL ISLAM Vs THE STATE OF ASSAM AND ANR on 1 September 2026

ORDER

02.09.2026 Heard learned counsel for the applicant. Also heard learned Additional

Public Prosecutor for the respondent No. 1, and learned counsel for the respondent No. 2

2. This application, under Section 482 of the BNSS, 2023, is preferred by the applicant, namely, Khalilur Rahman, who has been apprehending his arrest in connection with Manikpur P.S. Case No. 39/2026, registered under Section 87 of the BNS, added Sections 127(2)/64(1)/61(2)(a)/336(2)/49/3(5) of the BNS, 2023, read with Sections 4/17 of the POCSO Act, read with Sections 9/10/11 of the Prevention of Child Marriage Act.

3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Fajrul Islam on 02.06.2026. The essence of allegation against the applicant is that on 01.06.2026, at about 12:30 AM, while the minor sister of the informant went out to attend the call of nature, she was found to be missing. Later on, he came to know that the one Saminul Hoque and Abdul Jalil had kidnapped his sister and kept her confined in an unknown place and he also tried to forcefully marry her, and the present applicant has introduced the victim girl with Saminul Hoque.

4. The learned counsel for the applicant submits that the applicant is innocent and nowhere in the FIR his name finds mention and he is ready to co-operate with the investigating agency and therefore, he has contended to allow this application.

5. On the other hand, the learned Additional Public Prosecutor for the respondent No. 1, has opposed the petition on the ground that he has connection with the main culprit and therefore, he has contended to dismiss the petition.

6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of the learned Additional Public Prosecutor.

7. This Court vide Order dated 27.07.2026 in AB No. 1524/2026 has granted pre-arrest bail to a similar situated co-accused, Abdul Jalil.

8. Having regard to the above, the prayer for pre-arrest bail in respect of the present petitioner is also allowed.

9. It is provided that in the event of arrest of the applicant, namely, Fazrul Islam, in connection with Manikpur P.S. Case No. 39/2026, registered under Sections 127(2)/64(1)/61(2)(a)/336(2)/ 49/3(5) of the BNS, 2023, with added Sections 4/17 of the POCSO Act, with added Sections 9/10/11 of the Prevention of Child Marriage Act, he shall be released on pre-arrest bail, on his executing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the arresting authority.

10. The above privilege is however, subject to the following conditions:

i) that the applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that the applicant 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 from disclosing such facts to the Court or to any police officer; and

(iii) that the applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Bongaigaon, without prior permission. JUDGE Comparing Assistant