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2025 DAILYLAW 2380 (GAU)

BODIYAR RAHMAN @ BADIYAR RAHMAN v. THE STATE OF ASSAM AND ANR

Bail Appln./3331/2025 · 2026-02-01

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010219372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3331/2025 BODIYAR RAHMAN @ BADIYAR RAHMAN SON OF LATE SABED ALI, RESIDENT OF BHANDARANI, P.S. AND DIST.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ANTAJ ALI SON OF LATE BASIRUDDIN SK RESIDENT OF VILLAGE- BHANDARANI P.S. AND DIST.- BONGAIGAON ASSA Advocate for the Petitioner : MR. B HALDAR, LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE, R-2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.02.2026 Heard Mr. B. Haldar, learned Legal Aid Counsel for the petitioner. Also heard Ms. Dr. P. Agarwal, learned Amicus Curiae for the respondent No. 2 and Mr. B. Page No.# 2/2 Sharma, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS for granting bail to the petitioner in connection with Special (POCSO) Case No. 51/2025 pending in the Court of Session Judge cum Special Judge (POCSO), Bongaigaon arising out of Bongaigaon PS Case No. 155/2025 under Section 4 of the POCSO Act. 3. The gist of the allegation is that the accused person committed unnatural sex with a victim aged about 16 years and accordingly Section 4 of the POCSO Act is attracted in the circumstances of its case. 4. Upon perusal of the Case Diary as well as the certified copy of the evidence of the alleged victim, I find sufficient material implicating the accused person. 5. Having regard to the gravity and seriousness of the offence, prayer for bail stands rejected. The Bail Application stands dismissed. JUDGE Comparing Assistant