Page No.# 1/3 GAHC010156732025 2025:GAU-AS:10566 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2315/2025 RASHIDUL ISLAM S/O MONNAS ALI R/O TENGAGURI (NORTH SIDE OF MATHAURI) P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.08.2025 Heard Mr. D. Medhi, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor. This is an application by which the petitioner has prayed for granting of bail Page No.# 2/3 in connection with Laharighat P.S Case No. 99/2025 under Section 61(2)/142/3(5)/65(1) of the BNS read with Section 6 of the POCSO Act. The FIR dated 14.05.2025 lodged by the Sub-Inspector of the Laharighat Police Station reflects that on 05.05.2025, at about 2 PM while his minor daughter was returning home, the accused persons, one of them being the applicant kidnapped her and on 06.05.2025 at about 12 noon, the petitioner along with others dropped the victim near her house. It is further alleged that the petitioner along with others had not only kidnapped the victim but also raped her forcibly against her will. In pursuant to the said FIR, the police case mentioned above is registered under Section 61(2)/142/3(5)/65(1) BNS read with Section 6 of the POCSO Act. Mr. D. Medhi, learned counsel for the petitioner submits that today is the 90th day from the date of remand of the accused person. Mr. B. Sharma, learned Addl. Public Prosecutor submits that he has taken instructions from the Investigating Officer and submits before this Court that charge sheet has not been filed till date. Since today is the 90th day, the petitioner is entitled for default bail as per law. Further, although the instant came relates to offence under POCSO Act, which requires hearing of the victim at every stage, however since the petitioner is entitled for default bail, the same cannot be refused. As such, the petitioner may be released on bail on furnishing a bail bond of Rs. 20,000/- with two (2) local sureties of the like amount to the satisfaction of Page No.# 3/3 the Special Judge, Morigaon under the following conditions:- (1) He shall cooperate with the investigation and appear before the Court as and when he is required. (2) He shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) He shall not leave the jurisdiction of the concerned Trial Court without the leave of the same. Petition is disposed of. JUDGE Comparing Assistant