Page No.# 1/3 GAHC010221452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3218/2025 NIJAMUDDIN SHEIKH S/O.- LATE SOMED ALI, R/O- VILL.- FULKUMARI, P.S. AND DIST.- BONGAIGAON, ASSAM.. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:RUNUJA BEGUM D/O.- LATE DHAJIRUDDIN SK. VILL.- FULKUMARI P.S. AND DIST. -BONGAIGAON ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 26/09/2025 Heard Mr. M Khan, learned counsel for the accused petitioner and Mr. R J Baruah, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the accused petitioner, Nijamuddin Sheikh, who was arrested on 20.09.2025, in connection with Bongaigaon P.S. Case No. 233/2025 registered under Sections 137(2)/64(1)/296 BNS, 2023 read with Sections 4/17 of the POCSO Act. 3. It is submitted by Mr. Khan, learned counsel for the accused petitioner that in the FIR lodged by the victim girl, the allegations are primarily directed against the accused, Sanidul Islam, who is the son of the present accused petitioner. The allegation against the present accused petitioner, as can be culled out from the FIR is that, a promise purportedly made earlier for solemnization of marriage of the victim girl with the said son of the petitioner, herein, was subsequently resiled from by the accused petitioner and his wife. 4. Mr. R J Baruah, learned Additional Public Prosecutor, Assam has vehemently objected to the submissions made by the learned counsel for the accused petitioner and submits that the materials brought on record would not justify the enlargement of the accused petitioner on bail. He further submits that a notice is mandatorily required to be issued to the informant/respondent No. 2 before enlarging the accused petitioner on bail. 5. This Court has perused the FIR along with the other materials brought on record in the present application. 6. This Court from the allegations that can be culled out from the FIR lodged against the present accused petitioner, finds that the said allegation is only with regard to a purported promise made by the petitioner for solemnization of the marriage of the victim girl with his son, Sanidul Islam and the subsequent resilement there from by the petitioner and his wife. The allegation levelled in the FIR pertaining to commission of offence under the POCSO Act is directed against the said son of the accused petitioner, herein. Page No.# 3/3 7. In view of the above position, this Court is of the considered view that notice in the present facts and circumstances is not called upon to be issued to the respondent No. 2. 8. On a perusal of the allegations as leveled in the FIR dated 04.09.2025 by the victim girl, which is seen to be primarily directed against the son of the accused petitioner, herein, Sanidul Islam, this Court is of the prima-facie view that further custodial detention of the accused petitioner, herein, is not called for. 9. Accordingly, the accused petitioner, Nijamuddin Sheikh, be enlarged on regular bail on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) only, along with two sureties of the like amount to the satisfaction of the learned Special Judge, Bongaigaon, subject to the following conditions:- (1) The accused petitioner, herein shall co-operate with the Investigating Officer in the investigation of the case; (2) The accused petitioner, herein shall appear before the Investigating Officer as and when called for, for the purpose of investigation of the case, (3) The accused petitioner, herein, shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case so as to dissuade him from disclosing the facts to the Investigating Officer/Court; (4) The accused petitioner, herein, shall not leave the jurisdiction of the Court of the learned Special Judge, Bongaigaon without prior permission. 10. With the above observations and directions, this bail application stands disposed of. JUDGE Comparing Assistant