Page No.# 1/3 GAHC010227212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3299/2025 AHED ALI ALIAS AYETULLA SON OF LATE JOYNAL UDDIN RESIDENTS OF SONAPUR RESERVE GAON, PO-SONAPUR, PS- BIHPURIA, DISTRICT-LAKHIMPUR (ASSAM), PIN- 784160 2: FAKAR UDDIN SON OF LATE JOYNAL UDDIN RESIDENTS OF SONAPUR RESERVE GAON PO-SONAPUR PSBIHPURIA DISTRICT-LAKHIMPUR (ASSAM) PIN- 78416 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MRS SHUKURI KHATUN WIFE OF NUR UDDIN 3 RESIDENT OF SONAPUR RESERVE GAON PO-SONAPUR PS-BIHPURIA DISTRICT-LAKHIMPUR (ASSAM) PIN-784160 MOBILE-879831758 Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS ASFIA AHMED,MR AZIZUR RAHMAN Advocate for the Respondent : PP, ASSAM, MS. NISHA BEGUM (R-2),MAHIBUR RAHMAN (R- 2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS Page No.# 2/3 ORDER 25.11.2025 Heard Mr. M. K. Hussain, learned counsel appearing for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent and Mr. M. Rahman, learned counsel appearing for respondent No.2. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Ahed Ali Ayetulla and Fakar Uddin, praying for grant of bail in connection with Special (P) Case No.34/2025 under Sections 238(b)/249 BNS read with Section 21 of POCSO Act arising out of (Bihpuria PS Case No. 19/2025) under section 238(b)/65(2)/249 BNS read with Section 6/12 of the POCSO Act pending before the learned Special Judge (POCSO), Lakhimpur. 3. Case diary as called for is received. 4. The case arose out of an FIR dated 24.01.2025 lodged by the mother of the alleged victim girl. It is alleged inter alia that one Ahed Ali committed penetrative sexual assault upon the informant’s minor daughter aged only about 7 years. 5. It is submitted by the learned counsel for the petitioners that the present petitioners are stated to be not the main accused. However, they were named in the FIR. It is further submitted that the accused petitioners are in judicial custody since 27.01.2025. 6. It is submitted by the learned Additional Public Prosecutor that the case has already been charge sheeted and pending at stage of trial. It is also submitted that the informant and the victim have already been examined. 7. Mr. Rahman, learned counsel for the respondent No.2 also fairly submits that the present petitioners are not the main accused. Page No.# 3/3 8. Considering the progress of investigation and the length of under trial detention- I deem it fit to grant bail to the accused at this stage. 9. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.25,000/- each with one suitable surety of like amount each to the satisfaction of learned concerned court subject to the following conditions that the petitioners: (a) shall co-operate with the remaining trial. (b) Shall not hamper or tamper with the evidence. (c) shall not intimate or harass or cause any harm to the victim and her family members . 10. Violation of any of the bail conditions shall entail cancellation of bail. 11. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant