Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3803/2025 ALI HUSSAIN SON OF MUSTAKIN ALI,RESIDENT OF VILLAGEHATIRGOOL, POLICESTATION- PATHARKANDI,DISTRICT- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER Date : 28.11.2025
Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Ali Hussain,
Page No.# 2/3 has prayed for bail in connection with Special (PCM) Case No. 09/2025 (arising out of Patharkandi P.S. Case No. 156/2024) registered under Section 9/10/11 of Prohibition of Child Marriage Act, 2006, pending before the learned Additional Sessions Judge, Sribhumi.
3. The petitioner is stated to have been detained in custody since
15.10.2025.
4. The case arose out of an FIR dated 21.05.2025 alleging the commission of a child marriage. In the FIR, only three persons were named which does not include the present petitioner. However, he was sent up for trial in the charge sheet. Vide order dated 29.11.2024, it is stated by the learned trial court that all the seven accused persons were absent with step except the present petitioner, whereupon NBWA was issued against him.
5. It is submitted by the learned counsel for the petitioner that he has been detained in custody for 44 days and also submitted that he will appear regularly and face the trial. The certified copy of the relevant documents have been annexed which I have perused.
6. In the given facts and circumstances, I am of the considered view that the accused needs to be allowed to go on bail, subject to conditions.
7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Special (PCM) Case No. 09/2025 (arising out of Patharkandi P.S. Case No. 156/2024) registered under Section 9/10/11 of Prohibition of Child Marriage Act, 2006, on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court (Additional Sessions Judge, Sribhumi,
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8. The direction for bail is subject to the following conditions that the petitioner: (a) shall not abscond; (b) shall not hamper or tamper with evidence; (c) shall not try to influence any witnesses; (d) shall be available for trial, if one commences; and
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