Page No.# 1/3 GAHC010196462025 2025:GAU-AS:13800 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2879/2025 JABIR HUSSAIN S/O- NOMAN UDDIN. R/O- KHELMA PART-VIII,(GUMRAH), P.S.- KALAIN, DIST.- CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SIBU DAS S/O- LATE PHANINDRA DAS. R/O- SHULIGRAM P.O. AND P.S.- KALAIN DIST.- CACHAR ASSAM Advocate for the Petitioner : MR. F A HASSAN, R. DEY Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN,MR. N MAHAJAN, (AMICUS CURIAE, R-2) BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R Page No.# 2/3 15.10.2025 Heard Mr. F.A. Hassan, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P. for the State respondent and Mr. N. Mahajan, learned Amicus Curiae for the respondent no.2/informant. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Jabir Hussain praying for regular bail in connection with Special (POCSO) Case No. 72/2025 registered under Sections 75(2)/351(2) of BNS, 2023, R/w. Section 12 of POCSO Act, pending before the Court of learned Additional Sessions Judge, (Special Judge) POCSO, Cachar, Silchar, corresponding to Kalain P.S. Case No.66/2025. 3. The accused is under trial detention since 03.06.2025. The status report of the ongoing trial was called for and it is revealed that the informant and the alleged victim girl have already been examined and the same is also submitted by the learned counsel for the petitioner. 4. Mr. N. Mahajan, learned Amicus Curiae for the respondent no.2 submits that the ingredients of sexual harassment under the POCSO Act have been prima facie made out. 5. Nevertheless, considering the progress of trial and the length of detention, I am of the considered view that the accused should be granted bail at this stage. 6. Accordingly, the accused/petitioner herein is allowed to go on bail of Rs. 40,000/- with one surety of like amount to the satisfaction of the concerned learned Special Judge, POCSO, Cachar Silchar and subject to the following conditions that:- Page No.# 3/3 (i) That the accused shall be available for the remaining trial; (ii) That the accused shall not hamper or tamper with the evidence; (iii) That the accused shall not intimidate or harass to the informant side or any witnesses. 7. Violation of bail conditions might entail cancellation of the bail. 8. This bail application stands allowed and disposed of. JUDGE Comparing Assistant