Page No.# 1/2 GAHC010148642026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2007/2026 MONOWAR HUSSAIN S/O LT MOJIBOR RAHMAN R/O VILL. SONAHARA, P.S. BAGUAN, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM. 2:RAHIMA KHATUN D/O MUNSER ALI AND W/O LATE JAFIR HUSSAIN R/O VILL. BAGHMARA P.S. BIJNI DIST. CHIRANG ASSAM Advocate for the Petitioner : MR. A M BORA, MR. D K BAIDYA Advocate for the Respondent : PP, ASSAM, MR. K KALITA(R2),MR. B BORAH(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 13. 08.2026 Heard Mr. A.M. Bora, learned senior counsel, assisted by Mr. D.K. Baidya, learned counsel for the petitioner and R.J. Baruah, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Also heard Mr. B. Borah learned counsel for the mother of the victim. This is an application under Section 483 of the BNSS, 2023 for granting Page No.# 2/2 regular bail to the petitioner, namely, Monowar Hussain, in connection with Baguan P.S. Case No. 36/2026 registered under Section 6 of the POCSO Act, 2012 and Section 75 of JJ Act, who was arrested on 20.05.2026. The allegation pertains to sexual assault of the minor girl by the petitioner. Also a bail application on behalf of the petitioner was rejected by this Court upon perusal of the case diary. In the instant bail application, an affidavit has been filed by the mother of the victim stating that the informant of the FIR in this case Rakibul Islam who is neither related to the victim nor is a natural or legal guardian. It is further stated in the said affidavit that no such incident has taken place and the allegations were made on the basis of the facts recorded after tutoring by the informant and other interested persons. It is stated that the mother of the victim has no objection, if bail is granted to the petitioner. Having regard to the above and the period of detention of 86 days already undergone by the petitioner, the prayer for bail is allowed. Accordingly, the petitioner named above be released on bail on furnishing a bond of 50,000/- with two sureties of the like amount to the satisfaction of the concerned learned Trial Court, subject to the conditions that the petitioner shall participate in the trial of the case as and when if one commences and shall not intimidate any persons acquainted with the facts of the case, in any manner. The bail application is disposed of. JUDGE Comparing Assistant