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2025 DAILYLAW 16529 (GAU)

AMINUL AHMED ALIAS JITU ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./2398/2025 · 2025-08-18

Shamima Jahan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010163412025 2025:GAU-AS:11005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2398/2025 AMINUL AHMED ALIAS JITU ALI S/O. FAIZUDDIN 702HMED, R/O. KACHARUA, KENDUKONA, P.O. KENDUKONA, P.S. KAMALPUR, DIST- KAMRUP, ASSAM, PIN-781354 PH. NO. 88225-82 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED P.P., ASSAM 2:FAJAL HAQUE S/O BASIR ALI R/O. KACHARI SOLMARI P.S. RANGIA DIST- KAMRUP ASSAM PIN-78135 Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 19.08.2025 Heard Mr. A. K. Ahmed, learned counsel for the petitioner and Mr. B. Page No.# 2/3 Sharma, learned Addl. P.P., Assam for the State. Also heard Ms. B. Choudhury, learned counsel representing the respondent No.2. 2. This is an application by which the petitioner, viz., Aminul Ahmed @ Jitu Ali, has prayed for bail in connection with Rangia P.S. Case No.106/2025 registered under Section 108 of the BNS, 2023 read with Sections 4/12 of the of the POCSO Act, 2012. 3. Mr. Ahmed submits that the petitioner was arrested on 22.05.2025 and he has been inside the Jail since then and today when the matter is called up, he is behind the bars for 90 days and as such, he submits that the petitioner is entitled to default bail under Section 187 of the BNSS. 4. By the last order dated 18.08.2025, the learned Addl. P.P. was directed to get the instruction as to the status of present case as to whether the charge-sheet was submitted. Today when the matter is called up, Mr. B. Sharma submits that the charge-sheet has not been submitted and the Case Diary is with him. 5. Ms. B. Choudhury, learned counsel for the respondent No.2 fairly supports the submission of the learned Addl. P.P. in this case. 6. Since under Section 187 of the BNSS it is provided that in cases which are punishable with death or imprisonment for life or a term of 10 years or more, 90 days is the mandatory period to keep the accused Page No.# 3/3 inside jail and that if charge-sheet is not submitted, he is entitled to be released on bail, the petitioner in the present application may be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount to the satisfaction of the learned Special Judge, POCSO, Rangia on the following conditions :- 1) That the petitioner will not tamper with the evidence or influence the witnesses who are connected with the case. 2) That the petitioner shall cooperate with the investigation of the case and shall appear before the Investigating Officer as and when called for. 3) That the petitioner will not leave the jurisdiction of the Special Judge, POCSO, Rangia without the permission of the said Court. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant