JAHIDUL RAHMAN ALIAS SAHIDUL RAHMAN v. THE STATE OF ASSAM AND ANR
Bail Appln./989/2025 · 2025-10-29
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24898 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24898 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010065762025
2025:GAU-AS:14603
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./989/2025 JAHIDUL RAHMAN ALIAS SAHIDUL RAHMAN S/O MD MOMRUDDIN ALIAS MOMER ALI R/O SENDURAI PS AGOMONI DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:BEUTI KHATUN D/O ABDUL HANIF R/O SANTIPUR MASJID GOLI PS BHARALUMUKH DIST KAMRUP METRO ASSAM PIN 78100 Advocate for the Petitioner : MS M ROY, MS M ZOMUANPUII,MS S JAIN,MR H AGARWAL,MR J SINGH,MR P DOLEY,MR. B D KONWAR SR. ADV.,MR. U P CHALIHA Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY(AMICUS CURIAE, R2)
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER Date : 30.10.2025
Heard Mr. B.D. Konwar, learned Senior counsel assisted by Mr. H. Agarwal,
learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional
Page No.# 2/3 Public Prosecutor for the State and Ms. R. Choudhury, learned Amicus Curiae for the respondent No. 2.
2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Jahidul Rahman @ Sahidul Rahman, has prayed for bail in connection with Sessions (Spl) Case No. 110/2024 (arising out of Bharalumukh P.S. Case No. 304/2023) under Section 366/376 IPC r/w Section 6 POCSO Act., pending in the court of learned Special Judge POCSO, Kamrup(M), Guwahati.
3. The learned counsel for the petitioner submits that the petitioner has been detained in custody since 02.04.2025.
4. The learned Amicus Curiae for the respondent No 2/informant has fairly submits that there is progress in the trial and most of the witnesses have been examined and therefore, submits that question of bail may be decided by the court as per law.
5. The scanned copy of TCR has been received.
6. I have seen reasonable progress in the trial. Victim has been examined. Further, considering the length of detention, he can be released on bail at this stage, subject to conditions. It is submitted that the petitioner is a poor person and prays that the bail amount may be fixed on the lower side.
7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sessions (Spl) Case No. 110/2024 (arising out of Bharalumukh P.S. Case No. 304/2023) under Section 366/376 IPC r/w Section 6 POCSO Act, on furnishing bail bond of Rs.15,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court.
8. The direction for bail is further subject to the following conditions: (a) That the petitioner shall be available for trial if one commences; and
Page No.# 3/3 (b) That the petitioner shall not hamper or tamper with evidence.
9. Violation or breach of any condition(s) shall entail cancellation of bail.
10. With the above observations, this bail petition stands allowed and
disposed of accordingly.
JUDGE Comparing Assistant