Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 12132 (GAU)

MD SAMSUDDIN ALI v. THE STATE OF ASSAM AND ANR.

Bail Appln./1525/2025 · 2025-06-16

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010098142025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1525/2025 MD SAMSUDDIN ALI S/O MD. HANIF ALI R/O VILL-UTTAR MECHPARA P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:KHAGEN NAMO DAS S/O LT. GIRINDRA NAMO DAS R/O VILL-NAGRIJULI BHAORAGURI P.S. TAMULPUR DIST. TAMULPUR ASSA Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.06.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. M P Goswami, learned Additional Public Prosecutor, Assam and Mr. Surajit Das, learned Additional Public Prosecutor, Assam. This application has been filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Md. Samsuddin Ali, for grant of bail in connection with Special (POCSO) Case No. 10/2025 pending in the court of the learned Special Judge (POCSO), Baksa, Mushalpur. The victim herein is a 17 (Seventeen) years old girl and the petitioner is 25 (twenty five) years old boy. On one occasion when the victim girl was walking through the road, the petitioner hugged her from behind. Thereafter, on another occasion, when the girl was sleeping inside her room the petitioner entered into the room and touched her breast and on the third occasion when the victim girl was sleeping in her room, the petitioner was hiding below in her room at night. Mr. Goswami submits that the victim girl has not yet examined and she should be examined before considering the bail application. I have considered the submissions made by the learned counsel for both the sides. The petitioner has already spent 291 days in judicial custody. This court is of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Hence, the bail application is allowed. It is hereby directed that the petitioner Md. Samsuddin Ali is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Baksa, Mushalpur, who is in custody in connection with Special (POCSO) Case No. 10/2025 pending in the court of the learned Special Judge (POCSO), Baksa, Mushalpur. Petitioner is directed to appear before the trial court on each and every date and if he fails Page No.# 3/3 without showing any suitable reason, the trial court shall have the liberty to procure his attendance by following due process of law. With the above, the bail application is disposed of. JUDGE Comparing Assistant