Page No.# 1/4 GAHC010160652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2401/2025 ABDUL ALI S/O- RUPSAN ALI, VILLAGE- 3 NO, SALBARI, DULU PATH, P.S.-NOONMATI, DIST.- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MRS. RENU BORA W/O- SRI SANKAR BORA VILLAGE- NO. 3 SALBARI DULUPATH HOUSE NO 12 NOONMATI KAMRUP METRO ASSA Advocate for the Petitioner : MR. N UDDIN, H R KHAN,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, MR. A AHMED (AMICUS CURIAE, R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09 .2025 1. Heard Mr. N. Uddin, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl.P.P. for the State and Mr. A. Ahmed, learned Amicus Curiae for the respondent No.2. 2. This application under Section 483 of B.N.S.S. has been filed by the petitioner namely Abdul Ali who has been detained behind the bars since 17.11.2024, (312 days) in connection with Sessions (Spl.) Case No. 21/2025 arising out of Noonmati P.S. Case No.226/2024 under Section 64 of BNS, R/W Section 6 of POCSO Act pending the before the Court learned Special Judge (POCSO), Kamrup, Guwahati. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 64 of BNS, R/W Section 6 of POCSO Act. He submits that the petitioner and the victim girl were in a relationship before lodging of the FIR. He further submits that out of 5 listed prosecution witnesses 3 have already been examined by the Trial Court including the victim girl, he therefore submits that considering the progress of trial as well as the fact that the victim girl has already been examined he may be allowed him to go on bail. 4. On the other hand, the learned Public Prosecutor has opposed the grant of bail to the petitioner on the ground that in the testimony of the victim before the trial Court as PW1 has categorically implicated the petitioner. The Page No.# 3/4 learned Addl.P.P. has also submitted that the victim girl was aged about 14 to 15 years when the alleged incident was committed. 5. Mr. A. Ahmed, learned Amicus Curiae has also opposed the grant of bail on the ground that there are sufficient materials against the petitioner in the case diary. He further submits that the petitioner committed penetrative sexual assault with the victim girl by giving her false promise of marrying her. He also submitted that the victim girl has also stated that she has objection to grant of bail to the petitioner. 6. I have considered the submissions made by the learned counsel for the both sides though the victim girl has implicated the petitioner in her testimony while deposing before the trial Court as PW1, however it appears that both the victim girl and the informant i.e. the respondent No.2 have already been examined as prosecution witnesses before the trial Court and only two remaining witnesses are left to be examined and they are only official witnesses, also considering the fact that the petitioner has been detained behind the bars for last 312 days, this Court is of the considered opinion that if the petitioner co- operates in the trial his further custodial detentions may not be necessary for fair completion of trial in connection with Special Sessions Case No. 21/2025, in view of the above, the above named petitioner is allowed to go on bail upon furnishing of bail bond of Rs. 30,000/- with one fit surety of the like amount, subject to the satisfaction of the learned Special Judge, POCSO, Kamrup (Metro) Guwahati with the following condition: 1) That he shall continue to co-operate the trial and shall not Page No.# 4/4 directly or indirectly make inducement, threat or promise to any of the remaining witnesses so as to dissuade such witnesses from deposing before the trial Court. 7. The trial Court is also directed to make all endeavours to dispose of the aforesaid case as expeditiously as possible. 8. Accordingly, this case is disposed of. JUDGE Comparing Assistant