Page No.# 1/2 GAHC010144542026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1957/2026 MD RAFIKUL AHMED ALIAS MD RAFIKUL AHAMED ALIAS ROHIT S/O MAKIB ALI R/O N.K. DARRANGA P.S. TAMULPUR, DISTRICT TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MOBARAK ALI S/O LATE SAYAD ALI R/O DARRANGAMELA P.S. TAMULPUR DISTRICT TAMULPUR ASSAM PIN- 78136 Advocate for the Petitioner : MR S H SIKDAR, MS N J BEGUM,MR. A DEKA,P MUTTAKIN Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, Amicus Curiae, R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.09.2026 Heard Mr. S.H. Sikdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 Page No.# 2/2 whereby the petitioner, Md. Rafikul Ahmed @ Md. Rafikul Ahamed @ Rohit, has prayed for granting his bail after he was arrested on 23.06.2026 in connection with Tamulpur P.S. Case No.120/2026 under Sections 140(3)/64(1) of BNS R/W Section 6 of POCSO Act. 3. The prosecution case briefly is that the daughter of the informant aged 17 years eloped with the petitioner on 21.06.2026 and thereafter, she was recovered on 23.06.2026 with the help of police from Guwahati Railway Station and during this period, the petitioner had established physical relationship with the victim 4. The learned counsel for the petitioner submits that the investigation of the case is over and that the victim was in a love relationship with the petitioner. He further submits that, considering the period of detention of 86 days, the prayer for bail may be considered. 5. The learned Additional Public Prosecutor submits that as per the TCR, the date of consideration of the charge was fixed on 31.08.2026 However, it is not clear from the records as to whether the charge- sheet has been filed or not. 6. The learned Amicus Curiae submits that Section 6 of the POCSO Act is involved in the present case and therefore, the case is serious in nature. 7. On perusal of the statement of the victim girl before the Magistrate, it appears that she had eloped with the petitioner who is aged about 21 years on account of love relationship, to Guwahati and they were planning to go to Bangalore when they were apprehended by the police. There appears to no allegation of forceful sexual intercourse by the petitioner and the present case appears to be one of love relationship between the victim and the petitioner. 8. Having regard to the above as well as the fact that the investigation has been completed and considering the period of detention, further detention of the petitioner may not be necessary. The prayer for bail is accordingly allowed. 9. Accordingly, the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with two sureties each of the like amount to the satisfaction of learned Special Judge, POCSO, Baksa in connection with the aforesaid case. Bail application stands disposed of. JUDGE Comparing Assistant