Page No.# 1/3 GAHC010255992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2741/2025 MD SAIDUL ISLAM S/O ABDUL HAMID R/OMOHMARI PATHAR P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:TAIJUL ISLAM S/O HASEN ALI R/O AUTOLABORI P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN-782127 Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, MD R ISLAM (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 20.11.2025 Page No.# 2/3 1. Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Md. Saidul Islam, in connection with POCSO Case No. 115/2025 arising out of Laharighat P.S Case No. 27/2025 under Section 140(3)/64(1) of the BNS, 2023 R/W Section 4 of the POCSO Act. 3. It is further submitted that the present petitioner who is the brother of the main accused i.e. Muksidul Islam is not involved in the offence and the main accused has already been granted bail by this Court vide order dated 19.09.2025 in Bail Appln. No. 2666/2025. 4. In the said order this Court had observed that the victim was 17 years old and on the verge of attaining majority and despite allegations of forceful sexual intercourse considering the entire story of the prosecutrix, there appears to be an element of co-operation. 5. In the charge-sheet filed against the accused persons, it appears that the present petitioner has been implicated on the basis of the statement of the victim under Section 183 BNSS, wherein it is alleged that the present petitioner had helped the main accused in taking away the victim. It is also appears on perusal of the charge-sheet as against the present petitioner the I.O. has invoked Section 140(3) of BNS and Section 17 of the POCSO Act. 6. An affidavit has been filed on behalf of the informant wherein it is stated that the informant has no objection to the grant of pre-arrest bail to the present petitioner. Page No.# 3/3 7. It appears that in the Bail Appln. No. 2666/2025 as well it was submitted by the learned counsel for the informant that he has no objection to grant of bail to the main accused. 8. Considering the aforesaid facts and circumstances and taking into account the stand of the informant in both the cases as well as the fact that the investigation is over and the main accused is already been granted bail, the prayer for bail is allowed. 9. It is directed that in the event of arrest in connection with this case, the accused-petitioner, named above, shall be released on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the arresting authority. 10. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence or intimidate the witnesses in any manner. 11. Accordingly, the anticipatory bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant