Page No.# 1/4 GAHC010185252025 2025:GAU-AS:14367 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2716/2025 SADDAM HUSSAIN S/O AMZAD HUSSAIN R/O VILL- BORLENGRI, BLOCK -2, P.S. KHATKHATI, DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT. MUNSHI DAS W/O BENU BHUSAN DAS R/O NEAR JUDICIAL COURT BOKAJAN TOWN WARD NO. 1 P.S. BOKAJAN KARBIN ANGLONG ASSAM PHONE NO. 9101372268 Advocate for the Petitioner : MR T KALITA, MISS C S MARAK,J DASGUPTA Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 28.10.2025 1. Heard Mr. T. Kalita, learned counsel for the petitioner and Ms. M.K. Brown, learned Amicus Curiae for respondent no.2. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Saddam Hussain, has prayed for grant of bail in connection with POCSO P.S Case No. 27/2025, arising out of Bokajan P.S Case No.23/2025 registered under Section 6 of the POCSO Act, 2012. 3. The allegations in the FIR dated 27.04.2025, lodged by the mother of the victim girl are that the victim, aged 17 years 6 months, was found having a physical relationship with the accused. When the accused tried to escape, he was caught by the local persons. 4. It is alleged that accused has been conducting his physical relationship with the victim several times and had also been pressurizing her to convert to his religion. 5. Investigation is completed resulting in a charge-sheet and though the case is poised for commencement of trial but it is stated to be at the stage of copies. 6. The learned counsel for the petitioner submits that on the ground of length of detention and stage of the case, bail may be considered. Page No.# 3/4 7. The learned prosecution submits that there are implications against the petitioner and that the age of the victim is below 18 years. As per the FIR, she is a few months short of attaining the age of majority i.e. 18 years. 8. The learned Amicus Curiae adopting the submissions of the prosecution, further contends that bail at this stage could risk the accused influencing the girl. 9. I have given anxious consideration to the matter. From the statement of the girl, it emerges that the victim and the accused were in a voluntarily relationship, though her consent is an invalid consent in law. In her statement recorded before learned JMFC, she has also stated about the accused is a married person but despite knowing this fact, she attended some cultural functions with him till the late hours. 10. The only concern at this stage is that, since the victim has not yet been examined, the risk and possibility of the victim being influenced by the petitioner, as contended by the learned Amicus Curiae. 11. Nevertheless, considering the nature of the statement that has emerged from the side of the alleged victim, who is a few months below the age of majority, I am of the considered view that subject to strict conditions to address the legitimate concerns, the accused can be granted bail at this stage and also in view of the completion of the investigation and length of detention. 12. In such view of the matter, the above-named accused is Page No.# 4/4 allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall be available for the trial; (ii) That the accused shall not hamper or tamper with evidence. (iii) That the accused shall not, in any manner, intimidate, harass, harm or attempt to inflict any injury to the victim girl or any other witnesses. 13. Violation of bail conditions might entail cancellation of the bail. 14. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant