Page No.# 1/3 GAHC010214642025 2025:GAU-AS:15896 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3102/2025 HAIBUL ISLAM @ HAIBUL ALI S/O. LT. SAHABUDDIN SHEIKH, R /O. VILL.- BOROBAGHJAPA, P/O. HAZIRHAT, P/S. SUKCHAR, DIST. SOUTH SALMARA-MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:ABDUL AZIZ BHUYAN R/O. H/NO. 54 PRAGATI PATH NOTBAMA NEAR SIJUBARI KABARSTAN P/O. AND P/S. HATIGAON DIST. KAMRUP (M0 ASSAM PIN-78103 Advocate for the Petitioner : MR. S. ALOM, MR. S H ZAMAN,MR. M A I HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. I U CHOWDHURY (R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 21.11.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner. Also heard Ms. S. Bora, learned Addl. P.P. appearing for the State respondents and Mr. I.U. Choudhury, learned counsel for the informant. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Haibul Islam @ Haibul Ali, has prayed for bail in connection with Hatigaon P.S. Case No.52/2025, registered under Section 87 of BNS, 2023. After completion of investigation, charge-sheet was submitted and presently stated to be at the stage of trial before the learned Special Judge, (POCSO), Kamrup (M). 3. It is submitted that the provisions of the Prohibition of Child Marriage Act and Section 6 of POCSO Act have also been given against the accused. The accused petitioner was arrested on 05-06-2025 and presently in judicial custody. 4. The case record as called for has been received and I have perused relevant portions there. 5. It is submitted by the learned counsel for the petitioner that in the meantime, the alleged victim girl has got married to the accused and now they also have a child. I have perused the statement of the alleged victim girl recorded before learned JMFC. 6. The learned counsel for the informant does not dispute the fact that the victim and the accused are now married and they also have a child. In the Page No.# 3/3 statement before the Magistrate, the victim girl has stated that due to her relationship with the accused, she was 8 months pregnant at that time. 7. The learned Addl. P.P. Ms. S. Bora, submits that the victim has not yet been examined. 8. Nevertheless, in the aforesaid facts and circumstances, I am of the considered view that it would be correct to grant bail to the accused at this stage. Accordingly, the accused person is allowed to go bail of Rs. 25,000/- with one surety of like amount to the satisfaction of the concerned learned Special Judge, (POCSO), Kamrup (M) and subject to the following conditions that:- (i) That the accused person shall co-operate with the process of law; (ii) That the accused shall not hamper or tamper with evidence. 9. This bail application stands allowed and disposed of. 10. Send back the case diary. JUDGE Comparing Assistant