Page No.# 1/3 GAHC010186922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2761/2025 MD ALTAF ALI S/O LATE NAIMOT ALI R/O KHEUJPUR, KAMAR GAON, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM PH. NO. 8011340121. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI UPEN DOLEY (INFORMANT) S/O LATE GOAL DOLEY R/O KHABALU MOROTPUR PANIGAON DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MS. M K BROWN, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, (AMICUS CURIAE, R- 2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Ms. M.K. Brown, learned counsel for the petitioner. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State and Mr. D.K. Page No.# 2/3 Bhattacharyya, learned Amicus Curiae for the informant. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Md. Altaf Ali, has prayed for bail in connection with Spl. (P) Case No. 99/2025 (arising out of Panaigaon P.S. Case No. 16/2025) under Section 87 of BNS r/w Section 8 of POCSO Act, 2012. 3. The accused was arrested on 23.03.2025 in connection with this case which after completion of investigation resulting in charge sheet under Section 87 of BNS r/w Section 8 of POCSO Act and presently, the case is registered as Spl.(P) Case no. 99/2025 pending in the court of Special Judge (POCSO), Lakhimpur. 4. The learned counsel for the petitioner submits that the petitioner has been completed significat period in detention and in the meantime, as part of the ongoing trial, both the informant (father of the girl) and the alleged victim girl herself have been examined. Certified copies of the said two depositions have been annexed with the petition and the same has been perused. 5. I have also perused the statement of the victim girl recorded before the learned JMFC, Lakhimpur, during investigation. 6. The learned prosecution submits that perhaps scanned copy of case record may be called for. 7. The Amicus Curiae appearing for the informant submits that the main allegation against the accused is concealing of actual identity regarding his religion and also cheating the victim girl. The victim girl is aged about 17 years and the petitioner is aged about 20/21 years. 8. Despite the adverse materials – considering the period of detention and also the process of trial, I deem it fit to grant bail to the petitioner, subject to Page No.# 3/3 conditions. 9. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Spl. (P) Case No. 99/2025 (arising out of Panaigaon P.S. Case No. 16/2025) under Section 87 of BNS r/w Section 8 of POCSO Act, 2012, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 10. The direction for bail is further subject to the conditions: (a) That the petitioner shall be available during remaining trial; (b) That the petitioner shall not hamper or tamper with evidence; (c) shall not intimidate or harass or try to influence any witnesses; and (d) shall not in any manner harm or harass the family members of the victim’s side. 11. Violation or breach of any condition(s) shall entail cancellation of bail. 12. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant