Page No.# 1/3 GAHC010276082025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4018/2025 MAULA BAKSH MOLLA ALIAS MAOLA BOKSH MOLLA S/O NADER HOSSAIN MOLLA, RESIDENT OF MAJHYAMPUR, BELDANGA, MAHYAMPUR, PS BELDANGA, P O MAJHYAMPUR, DIST MURSHIDABAD, WEST BENGAL VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI NOOR JAHAN KHATOON C/O MD. SOFIK SAH PRESENTLY RESIDING AT SHANKARDEV NAGAR COLONY UCHAMATI DOOMDOOMA PS DOOMDOOMA DIST TINSUKIA ASSAM 786151.PERMANENT RESIDENT OF NEAR SHIV MANDIR BHARAT BHUMIJ PATH UCHAMATI DOOMDOOMA PS DOOMDOOMA DIST TINSUKIA ASSAM 78615 Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 12.12.2025 1. Heard Mr. N. Hasan, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 read with Section 187 of the BNSS praying for granting default bail, in connection with Doomdooma P.S. Case No.167/2025 under Section 65(2)/351(3) of the BNS, 2023, read with Section 6 of the POCSO Act. 3. The learned counsel for the petitioner has submitted that the petitioner was arrested on 28.08.2025 and forwarded to custody on 29.08.2025. He has submitted that in these circumstances, unless the charge-sheet was filed on or before 27.11.2025, the petitioner was entitled to the privilege of default bail. 4. The learned counsel for the petitioner has submitted that the Charge Sheet has been shown to be submitted on 06.12.2025, whereas on verification the learned Additional Public Prosecutor has informed this Court that the Charge Sheet was submitted on 29.11.2025. Taking both the dates into account it is apparent that the Charge Sheet was not filed on or before the 90th day as required by law. In such circumstances this Court is of the opinion that the petitioner is entitled to the privilege of the default bail. 5. In view of the above, this Court is of the opinion that the privilege of default bail may be extended to the petitioner. Accordingly, the petitioner is directed to be enlarged on bail on furnishing of bail bond of Rs. 50,000/- with Page No.# 3/3 1 (one) suitable surety of the like amount to the satisfaction of the Court of learned Additional Sessions Judge-cum-Special Judge (POCSO), Tinsukia, under the following conditions that the petitioner:- i. shall not leave the territorial jurisdiction without obtaining prior written permission from the concerned Court. ii. shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer. iii. shall not involve himself in any criminal activities in future. 6. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant