Page No.# 1/4 GAHC010195672025 2025:GAU-AS:14296 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2868/2025 MUSA SHEIKH @ MUSA SK @ MOSSA ALI S/O- HAZRAT ALI @ HAJRAT ALI, R/O-VILL-MUGRAPARA(NOWAPARA), JAIPUR, P.O. AND P.S.AND DIST. - KOKRAJHAR, BTR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:TARIFUDDIN MANDAL S/O- LATE TAIZ MANDAL R/O- VILLAGE- CHIKIBIKI P.O.-DONGAIGAON BO P.S.AND DIST.-BONGAIGAON ASSAM PIN - 783380 Advocate for the Petitioner : MR. M A I HUSSAIN, S. ALOM,N ISLAM Advocate for the Respondent : PP, ASSAM, P. KALITA (R-2),MD A RAHMAN (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 27.10.2025 1. Heard Mr. M.A.I Hussain, learned counsel for the petitioner and Md. A Rahman, learned counsel for the respondent no.2/informant. Also heard Mr. J. Chutia, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Musa Sheikh @ Musa Sk @ Mossa Ali, has prayed for grant of bail in connection with Bongaigaon P.S Case No. 21/2025 registered under Sections 61(2)/69 of BNS, R/W Section 6/17 of POCSO Act. 3. The said case after investigation resulted in a charge-sheet giving rise to Special (P) Case No.48(BGN)/2025 and pending before the learned Court of Sessions Judge, Bongaigaon. 4. The accused is stated to have been in custody since 25.06.2025. 5. I have perused the FIR dated 22.01.2025, lodged by the girl’s mother. 6. The gist of the allegation is that one of her relative introduced her daughter to accused and thereafter, he established physical relationship with her leading to pregnancy. 7. The learned Additional Public Prosecutor for the State has drawn my attention to the statement of the victim recorded under Section 183 BNSS where she has stated on similar lines as those Page No.# 3/4 mentioned in the FIR. 8. The learned counsel for the informant submits that the parties were earlier in a love affair and that there was a promise of marriage. But subsequently, due to the relationship, the girl became pregnant. Presently, the girl stated to be a major. 9. It is also submitted that there is talk of marriage between the accused and the victim at present. 10. Nevertheless, for the purpose of adjudicating the bail, some of these aspects can be taken into account including the completion of investigation. The case is stated to at the stage of appearance as one of co-accused is absconding with P&A issued against him. 11. In the given facts and circumstance, there is also some possibility of delay in the trial unless the case is split up. Accordingly, I deem it fit to grant bail to the accused at this stage. 12. Accordingly, the above-named accused is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall be available for the trial; (ii) That the accused shall not harass or harm the informant/victim and their family members in any manner; (iii) That the accused shall not hamper or tamper with evidence. 13. Violation of bail conditions might entail cancellation of the Page No.# 4/4 bail. 14. Return back the case diary. 15. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant