Page No.# 1/3 GAHC010079182025 2025:GAU-AS:6222 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1177/2025 AJIBUR RAHMAN S/O ABDUL JALIL R/O UTTAR KALADUBA, P.S. JURIA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:RASIDA KHATUN W/O ABDUL KADIR JILANI R/O JENGANI P.S. DHING DIST. NAGAON ASSA Advocate for the Petitioner : MR. S MUNIR, MR. KHAIRUL ISLAM,MR. N HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19-05-2025 Heard Mr. S, Munir, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Ajibur Rahman, son of Abdul Jalil, resident of Village-Uttar Page No.# 2/3 Kaladuba, Police Station-Juria, District-Nagaon, Assam has filed this application under Section 483 BNSS, 2023, on 09.04.2025 seeking bail in Juria Police Station Case No.08/2025 corresponding to G.R. No. 84/2025 registered under Sections 65(1)/351(2)/127(2)/3(5) BNS, 2023, read with Section 8 of the POCSO Act, in which he was arrested on 16.02.2025 and is in custody since then. 3. The petitioner was produced before the Court of learned Chief Judicial Magistrate, Nagaon on 16.02.2025 itself. 4. Mr. Munir, learned counsel for the petitioner submitted that though notice was issued to the informant/opposite party No.2, but the service report is still awaited. 5. During the deliberation of the matter, on instruction of the Investigating Officer of said Juria P.S Case No.08/2025, Mr. Das, learned Addl. PP submitted that till date, police has not filed the charge-sheet in the case, though the petitioner in the meanwhile, has already completed the statutory period of 90 days in custody. 6. Since 16.02.2025, the petitioner is in custody for about 90 days and has already completed the statutory period. In view of the above, the petitioner is entitled for his default bail in said Juria P.S Case No.08/2025. 7. Accordingly, the petitioner, namely, Ajibur Rahman, son of Abdul Jalil is granted default bail in said Juria P.S Case No.08/2025 on furnishing a bail bond of Rs. 40,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (POCSO), Nagaon on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Juria P.S Case No.08/2025 as and when he is required for necessary investigation of said Juria P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (POCSO), Nagaon on or before 30.05.2025; (iii) shall not leave the territorial jurisdiction of the Juria Police Station, without obtaining prior written permission from the learned Special Judge (POCSO), Nagaon; Page No.# 3/3 (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) 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 them from disclosing such facts to the Court or to any police officer and (vi) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf; (vii) shall not come to the vicinity of the victim girl or anyone of her family and (viii) shall not involve himself in any criminal activities. (ix) in the event of filing the charge-sheet against the petitioner in said Juria P.S Case No.08/2025 corresponding to G.R. No. 84/2025, he shall appear before the concerned Trial Court, i.e., the Court of learned Special Judge (POCSO), Nagaon on the dates fixed and shall participate in the trial of the said case, without fail till its conclusion. 8. Any violation of the aforesaid terms and conditions by the petitioner, namely, Ajibur Rahman, the bail granted to him in the aforementioned Juria P.S Case No.08/2025 shall stand automatically vacated. 9. This bail application accordingly stands disposed of. JUDGE Comparing Assistant