Page No.# 1/3 GAHC010231042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3349/2025 JAINAL ABDIN @ JOYNAL ABDIN SON OF FAKIR ALI, RESIDENT OF VILLAGE- ROHINIKHUTI, POLICE STATION- KHARUPETIA, DISTRICT DARRANG, ASSAM 784115 VERSUS THE STATE OF ASSAM AND ANR THROUGH THE PUBLIC PROSECUTOR, ASSAM. 2:MAJID ALI SON OF JAVED ALI RESIDENT OF VILLAGE- BADLICHAR P.S SHYAMPUR DISTRICT DARRANG ASSAM -784116. Advocate for the Petitioner : MR A ATREYA, J KONWAR,MS. C KALITA Advocate for the Respondent : PP, ASSAM, MS P DAS (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.02.2026 Heard Mr. A. Atreya, learned counsel for the petitioner. Also heard Ms. P. Page No.# 2/3 Das, learned Amicus Curiae for respondent No. 2 and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for release of the petitioner on bail in connection with Shyampur Police Station Case No. 11/2024 registered under Section 370(5) of the IPC, 1860 pending in the Court of learned Special Judge (POCSO), Darrang, Mangaldai and Chargesheet No. 27/2024 filed against the accused under Sections 366/376/370(5) IPC read with Section 6 of the POCSO Act in Shyampur PS Case No. 11/2024. 3. On 03.07.2024 the complainant Majid Ali S/o Jebed Ali, village Badlicher, PS Shyampur, Dist Diarrang(Assam) lodged an FIR Stating that on 27.06.2024 at about 5 pm his minor niece namely Subeda Khatun (14 Yrs) and his sister namely Khadija Khatun (17Yrs) were going to Bilpar for sewing clothes but did not returned back to home. He search them everywhere but could not be found. Later on 01.07.2024 at evening time his neighbour Jalal Bapari and Jabber Ali of Sialmari inform him over phone that his sister and niece had been rescued by City Fatchevd PS Police (Hariana) and kept them their Police Station and he also stated that some culprits kidnapped the victim girls with a view to trafficking them in their state. Hence the case. 4. TCR as called for has been received and upon perusal of the statement of the victim under Section 183 of the BNSS, I find sufficient incriminating materials against the accused person attracting in Section 4 of the POCSO Act. 5. Having regard to the same and provided hereunder, despite the period of Page No.# 3/3 detention above 400 days, the prayer for bail stands rejected at this stage. The Bail Application stands dismissed. JUDGE Comparing Assistant