BACHARUDDIN SEK @ BASIRUDDIN v. THE STATE OF ASSAM AND ANR
Bail Appln./1794/2025 · 2025-08-26
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13256 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13256 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010114052025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1794/2025 BACHARUDDIN SEK @ BASIRUDDIN S/O- LATE MOKABUL, R/O- NO 2, DAKHIN MUSALMANPARA, GOSAIGAON, KOKRAJHAR, ASSAM. PIN-783360 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:RABIYA KHATUN W/O- ABDUL KHALEK R/O-MUSALMANPARA P.S.-GOSSAIGAON DIST.- KOKRAJHAR ASSAM Advocate for the Petitioner : MR P K DAS, MS. L. SARKAR,MR. M BARUAH Advocate for the Respondent : PP, ASSAM, MS. P DAS, AMICUS CURIAE FOR R-2
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025
1. Heard Mr. P. K. Das, learned counsel appearing for the accused petitioner as well as Mr. K. K. Das, learned Additional Public Prosecutor, Assam.
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2. By this petition under Section 483 BNSS, the accused-petitioner, namely, Bacharuddin Sek @ Basiruddin, who was arrested on 14.01.2025 in connection with Gossaigaon PS Case No. 5/2025 under Section 137(2)/140(3) BNS r/w Section 8/12 of POCSO Act. The case culminated in a charge-sheet and is presently pending as Special POCSO Case No. 27/2025 before the learned Special Judge, POCSO, Kokrajhar.
3. It is submitted that due to vacancy in the aforesaid court, the trial is yet to commence and the accused has been behind the bars for last 228 days.
4. TCR has been received and I have perused the same including the statement of the victim recorded by the IO.
5. Upon perusing the material on record and having regard to the circumstances above, the prayer for bail is allowed.
6. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of learned Special Judge, POCSO, Kokrajhar subject to the following condition- i) That the accused petitioner 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 him from disclosing such facts to the Court.
7. Return the case diary.
8. The bail application stands disposed of.
JUDGE Comparing Assistant