UMAR ALI SHEIKH v. THE STATE OF ASSAM & Ors

Advocate for the Respondent : PP, ASSAM, MR A KHANIKAR (R-3),MS. M K BROWN, Amicus Curiae, (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

26.03.2025 ORDER Heard Mr. G. Chamuah, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. A. Khanikar, learned counsel for the opposite party No. 2 and Ms. M. K. Brown, learned Amicus Curiae for the opposite party No.

3. 2) Apprehending his arrest, the petitioner, namely, Umar Ali Sheikh, son of late Nazimuddin Sheikh, resident of village-Bhadeyaguri, Police Station-Kokrajhar, District-Kokrajhar, BTC has filed this application on 21.01.2025 under Section 482 BNSS, 2023 seeking his pre-arrest bail in Kokrajhar Police Station Case No. 223/2024, registered under Section 75 BNS, 2023 read with Sections 8/18/21 of the POCSO Act, 2012, corresponding to G.R. No. 440/2024. 3) As per the FIR dated 24.09.2024 lodged by the WSI(P) of the Kokrajhar Police Station, the case is that the victim girl, along with her grandmother arrived at Kokrajhar Police Station and stated that the Headmaster of Bodo Bhodeyaguri LP School, in which she is studying, used to touch her private parts in the pre-text of asking her to solve maths in the blackboard or while cleaning the Office of the said school. Moreover, on the eve of Eid he grabbed her from backside while she was cleaning the floor and touched her breasts/private parts. The victim girl further stated there are four other girls from the said school who are her friends and with whom the Head teacher of the said school had done such shameful act. In the said regard, a local meeting was held, in which members of different associations participated and tried to shut the matter for extraneous consideration by taking money. On the previous day, Police personnel from Kokrajhar Police Station went to Bhodeyaguri to trace out the victims as well as the accused, but the accused fled away from the said village and victims were kept somewhere else, for which, none of them could be found in the village. 4) The said FIR was accordingly registered as Kokrajhar Police Station Case No. 223/2024, under Section 75 BNS, 2023 read with Sections 8/18/21 of the POCSO Act, 2012. 5) The petitioner stated that he has been wrongly implicated in the case with baseless Page No.# 3/4 allegations, so as to malign him and tarnish his reputation in the society. 6) Petitioner stated that he is a reputed primary Head teacher of Kokrajhar district and aged about 60 years and there is no previous allegation against him with regard to such allegations lodged in the FIR. Petitioner has a family with two sons, one of which is a doctor practicing at Kokrajhar and the other one is a reputed businessman and the School Managing Committee of his said school does not have any allegations against him. As such, the petitioner prays for his pre- arrest bail in said Kokrajhar P.S. Case No. 223/2024. 7) After receiving notice, the opposite party No. 3, father of one of the victim girl filed the connected Interlocutory Application stating that neither he, nor his wife, mother or daughter appeared before Police to lodge the FIR relating to said Kokrajhar P.S. Case No. 223/2024. It is stated by the said applicant that there may be a big conspiracy unknown to him, as on

24.09.2024, four persons came to his house and asked his daughter to talk before the camera what they have instructed to her and when his wife and son opposed to the same, they physically assaulted his son. Under such circumstances, his daughter talked before the camera as they had instructed, which they had recorded in their mobile phones and subsequently, made it viral. They stated that at that point of time, the said applicant was not present at the scene and when he came to know about the said incident, he asked those four persons to delete the said video, which they, instead of deleting it, rather threatened him and his family with dire consequences. In the said incident, the applicant’s son was physically attacked and he is still under medical treatment and has not fully recovered. 8) The said applicant stated that the Headmaster of the school, i.e., the petitioner never misbehaved with his daughter, who taught her as his own daughter and that his daughter never complained against the petitioner at any point of time. 9) The applicant also stated that to fulfil some ulterior motives, those four persons victimised his family, for which the life of his minor daughter has become miserable in future and that the case against the petitioner was lodged with ill motive to fulfil the desire of some of the persons with vested interests. 10) Perused the case diary placed before the Court today by Mr. B Sharma, learned Additional Public Prosecutor, Assam. 11) From the case diary, it is seen that four of the victim girls who are aged about 11, 12 and Page No.# 4/4 13 years old and studying in the said Bodo Bhodeyaguri LP School in their statements under Section 183 BNSS before the Judicial Magistrate First Class, Kokrajhar recorded on 25.09.2024 and 30.09.2024 implicated the petitioner of committing sexual assault on them, including the daughter of the applicant of the connected I.A. (Crl.) No. 280/2025. 12) From the case diary, sufficient incriminating materials have been found against the petitioner with regard to his involvement in the alleged crime. 13) For the reasons above, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Umar Ali Sheikh, son of late Nazimuddin Sheikh in said Kokrajhar Police Station Case No. 223/2024, registered under Section 75 BNS, 2023 read with Sections 8/18/21 of the POCSO Act, 2012. 14) Accordingly, this pre-arrest bail application of the petitioner, named above, in said Kokrajhar Police Station Case No. 223/2024 stands rejected. 15) Along with this pre-arrest bail application, the connected I.A. (Crl.) No. 280/2025 also stands disposed of. 16) Return the case diary herewith. JUDGE Comparing Assistant