Page No.# 1/3 GAHC010182202025 2025:GAU-AS:16600 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2852/2025 JANNUR ALI SON OF LATE SAFUR ALI RESIDENT OF DPI, BHUGARGAON, NIZARAPAR, P.S. DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MS. BABITA KALITA D/O MOHAN DAS R/O DPI BHUGARGAON NIZARAPAR P.S. DISPUR GUWAHATI KAMRUP (M) ASSA Advocate for the Petitioner : MR R HUSSAIN, MS M MEDHI Advocate for the Respondent : PP, ASSAM, M N RONGMEI (R-2),MRS. R RONGMEI (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 03.12.2025 Heard Mr. R. Hussain, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarmah, learned Addl. Public Prosecutor, representing the State respondent as well as Ms. M. N. Rongmei, learned counsel for the respondent no. 2. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with Sessions Special Case No. 121/2025, arising out of Dispur P.S. Case No. 300/2025) registered under sections 64(2) (f) 65(i) of the BNS, read with Section 6 of the POCSO Act pending for disposal in the Court of Special Judge (POCSO), Kamrup (M), Guwahati. 3. The gist of the allegation made in the FIR dated 01.04.2025, is that the minor daughter of the informant was sexually assaulted by the second husband of the informant when the informant was not in her place. 4. On receipt of the FIR, the police has filed the Charge-sheet in the instant case and during the trial, 5 PWs have already been examined by the Trial Court. 5. The learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated in the instant case in the instance of some relatives of the informant. The learned counsel further submits that, in fact, the victim has denied of commission of any such sexual assault in her deposition before the Trial Court. 6. In view of the aforesaid, as well as taking into account the stage of the arrest, the learned counsel submits that the accused-applicant should be granted bail at this stage and he has spent more than 302 days behind the bar. 7. Mr. B. Sarmah, learned Addl. P.P. submits that relevant witnesses have already Page No.# 3/3 been examined and trial is in advance stage of completion. 8. The learned counsel for the respondent no. 2 has adopted the submissions made by the learned Addl. P.P. 9. This Court has gone through the materials available on record and also perused the TCR including the depositions that have been recorded by the Trial Court. 10. Considering the facts in it’s entirety, this Court is of the considered opinion that this is a fit case, wherein, the accused-applicant should be granted bail taking into account his prolonged detention in jail custody as well as depositions before the Trial Court. Accordingly, the accused-applicant is directed to be released on bail forthwith on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand), with a surety of like nature to the satisfaction of the learned Special Judge (POCSO), Kamrup (M), Guwahati, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 11. Accordingly, the instant bail application is disposed of as allowed. TCR so received to be sent back. JUDGE Comparing Assistant