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2025 DAILYLAW 24859 (GAU)

SAHIL ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./2654/2025 · 2025-11-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010179822025 2025:GAU-AS:14928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2654/2025 SAHIL ALI SON OF MD. AYUB ALI VILL- TARAPOTI, P.O. TARAPOTI P.S. PALASHBARI, DIST. KAMRUP, ASSAM, PIN-781128, PH. NO. 6001685477 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHRI SANJIB HANDIQUE S.I. BORJHAR OUT POST AZARA P.S. AZARA PIN-781017 Advocate for the Petitioner : MS. N S THAKURIA, MR. G K THAKURIA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE R2 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.11.2025 1. Head Ms. N. S. Thakuria, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam and Mr. S. Nawaz, learned Amicus Curiae for the respondent No.2. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Md. Sahil Ali, who is facing trial in Sessions Special Case No.124/2025 (arising out of Azara P.S. Case No.61/2025) under Section 107 BNS, 2023 read with Section 4 of the POCSO Act has prayed for releasing him on bail. 3. One girl below 18 years of age had committed suicide by hanging. On the basis of the death of the girl, Police had lodged an FIR on the ground that the mobile phone of the girl had some obscene video clips involving the present petitioner and the girl. The parents of the girl did not lodged any FIR before the Police. 4. On the basis of the FIR, Police has lodged this Case under Section 4 of the POCSO Act along with Section 107 of the BNS, 2023. In this case, police has already filed the Charge-Sheet and the charges have been framed against the present petitioner. 5. I have gone through the scanned copy of the Trial Court record. 6. Learned counsel for the petitioner has submitted that the girl was above 16 years of age. 7. Accordingly, I have gone through the statement of the witnesses recorded by Police. 8. After considering all the materials on record, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 9. Therefore, the bail application of the petitioner is allowed. 10. The petitioner, Md. Sahil Ali, who is facing trial in Sessions Special Case Page No.# 3/3 No.124/2025 (arising out of Azara P.S. Case No.61/2025) shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge POCSO, Kamrup (Metro), Guwahati. 11. It is also directed that the petitioner shall regularly appear before the Court on each and every date of hearing, if he fails to appear, the Trial Court shall have the liberty to procure his attendance in accordance with the procedure as laid down by law. 12. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant