Afjal Ali Vs the State of Assam and Anr.

This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Afjal Ali, has prayed for bail in connection with Sessions (Special) Case No. 25/2026 (arising out of Jalukbari P.S. Case No. 38/2026) under Section 65(1) of BNS and Section 6 of POCSO Act, which after completion of investigation, charge-sheet was charged and presently pending at the stage of trial before the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup(M), Guwahati.

The allegation in the FIR lodged by the father of the alleged victim girl is that the accused, during his absence, eloped his minor daughter studying in Class-IX. Later, the girl was recovered and her statement was recorded before the JMFC during investigation.

I have perused the said statement available in the scanned TCR in which she has stated about love affair with the accused and going with him. It is submitted that the informant and victim have already been examined and a certified copy of the victim's statement is placed before the Court. Both the statements of the victim girl recorded during trial have been placed before the Court. The victim girl has stated that when she went with the accused pertaining to the present case, there is no physical relationship between them. Though, in the statement before Magistrate, she stated about earlier such relationship.

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The learned Additional Public Prosecutor for the State has opposed in granting bail and submits that as per the certificate, the girl is a minor aged around 16 years.

The learned counsel for the informant submits that in the event of grant of bail, suitable conditions may be imposed. The accused/petitioner stated to be aged 19 years.

Considering the progress of trial; the nature of the material revealed by the statements of the girl; length of detention; age of the accused/petitioner – I am of the considered view that the petitioner can be granted bail at this stage subject suitable condition(s).

Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sessions (Special) Case No. 25/2026 (arising out of Jalukbari P.S. Case No. 38/2026) under Section 65(1) of BNS and Section 6 of POCSO Act, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup(M), Guwahati.