Page No.# 1/3 GAHC010250732025 2025:GAU-AS:17680 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3686/2025 SOMIR HUSSAIN S/O ISRAK ALI R/O- TEZPUR, P.O KOTAMONI P. S BAZARICHERRA, DISTRICT - SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ABDUL AZIM (INFORMANT) S/O- LT. IRFAN ALI VILL-TEZPUR P.O -KOTAMONI DISTRICT SRIBHUMI ASSAM PIN NO. 78872 Advocate for the Petitioner : MR J ISLAM, E BEGUM,MR. T MOHAMMAD Advocate for the Respondent : PP, ASSAM, MS. M K BROWN(AMICUS CURIAE, R2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 18.12.2025 Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P. appearing for the State respondent and Ms. M.K. Brown, learned Amicus Curiae for the informant/respondent no.2. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused/petitioner, namely, Somir Hussain, praying for grant of bail in connection with Special (POCSO) Case No.44/2025, under Section 137(2) of BNS R/W Section 4/18 of POCSO Act (Arising Bazaricherra P.S. Case No.74/2025 U/S 137(2)/74 R/W Section 8 of POCSO Act), pending before the learned Special Judge, Sribhumi. 3. This is a subsequent bail petition, as earlier bail petition was rejected on 25.09.2025 in Bail Appln. 2729/2025. It is stated that he is in custody since 28.05.2025, which is supported by the materials on record. The scanned case record is available. 4. Ms. Brown, the learned Amicus Curiae representing the informant submits the though the victim has been examined in the meantime, but her testimony is consistent, cogent and implicating towards the accused person. 5. The prosecution also submits on similar lines. 6. Upon perusing the scanned record, I find that apart from the victim, the informant/father and her mother have also been examined. 7. I have also perused the testimony of the materials and noted the Page No.# 3/3 implications therein. However, considering the length of detention and progress in the trial, especially the examination of crucial witnesses, like the victim and her parents - perhaps the accused can be granted bail at this stage, subject to conditions. 8. Accordingly. the accused person is hereby allowed to go on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned concerned Court and subject to the following conditions that:- (i) That the accused person shall be available for the remaining trial, (ii) That the accused person shall not hamper or tamper with evidence. (iii) That the accused person shall not in any manner intimidate harass or harm the informant and or any witnesses. 9. Violation of any bail conditions will entail cancellation of the bail. 10. This bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant