Page No.# 1/3 GAHC010222872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3246/2025 NUR UDDIN S/O- LATE JOYNAL UDDIN, VILLAGE - SONAPUR RESERVE GAON, P.S.- BIHPURIA, DISTRICT - LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:SUKURI KHATUN W/O- NUR UDDIN VILLAGE - SONAPUR RESERVE GAON P.S.- BIHPURIA DISTRICT - LAKHIMPUR ASSA Advocate for the Petitioner : MR. N UDDIN, MR. M ISLAM,MR S K CHHETRY Advocate for the Respondent : PP, ASSAM, MR. M S MONDAL(R-2),MR. D A KAIYUM (R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State and Mr. M. S. Page No.# 2/3 Mondal, learned counsel for the informant who has impleaded as reposed No.2. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Nur Uddin, has prayed for bail in connection with Special (P) Case No. 34/2025, arising out of Bihpuria P.S. Case No. 19/2025 under Section 238(b)/249 of BNS, 2023 r/w Section 21 of POCSO Act, pending in the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. the petitioner were arrested on 27.01.2025. 3. The allegation in the said FIR is that the parents of the victim girl while going to Arunachal, kept her in the house of his younger brother for studies. But on 22.01.2025, the said brother’s son committed rape upon the victim girl aged about 7 years. 4. It appears that the said accused is juvenile and facing a separate proceedings before the learned J.J.B. The four accused persons including the present accused were charged with Section 238(b)/249 of BNS and Section 29 of POCSO Act and facing trial at the moment, wherein several witnesses (4) have been already been examined out of the six listed witnesses. 5. Mr. Mondal, learned counsel for the informant and Mr. Goswami, learned Additional Public Prosecutor submits that trial has progressed as indicated by the petitioner’s side. 6. Mr. Mondal, submits that at this stage, he has no objection to grant of bail. 7. In any case considering the length of detention and the progress of trial against the present petition has been charged – I deemed it to grant bail at this stage. 8. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Special (P) Case No. 34/2025, arising out of Bihpuria Page No.# 3/3 P.S. Case No. 19/2025 under Section 238(b)/249 of BNS, 2023 r/w Section 21 of POCSO Act, on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court Special Judge, POCSO, Lakhimpur, North Lakhimpur. 9. The direction for bail is further subject to the conditions: (a) That the accused person shall be available for remaining trial; (b) That the accused persons shall not hamper or tamper with evidence; and (c) That the petitioner shall not harass or harm the informant/victim and their family. 10. Violation or breach of any condition(s) shall entail cancellation of bail. 11. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant