HEMLAL ADHIKARI AND ANR v. THE STATE OF ASSAM AND ANR
Bail Appln./3672/2025 · 2025-12-02
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26535 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26535 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010251502025
2025:GAU-AS:16608
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3672/2025 HEMLAL ADHIKARI AND ANR S/O LATE GANGARAM ADHIKARI, R/O VILL- DOOLAHAT BAZAR, P.O. DOOLAHAT PIN-87023, P.S. LALUK DIST. LAKHIMPUR, ASSAM 2: SHRI DABENDRA ADHIKARI S/O LATE GANGARAM ADHIKARI
R/O VILL- DOOLAHAT BAZAR P.O. DOOLAHAT
PIN-787023 P.S. LALUK DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:GHANA MAYA ADHIKARI W/O RAJU ADHIKARI P.O. DOOLAHAT PIN-787023 P.S. LALUK DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, MR. M ALAM (R-2)
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER 03.12.2025 Heard Mr. P. Bordoloi, learned counsel appearing for the accused/applicants. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 for grant of bail to the accused/applicants, viz., 1) Shri Hemlal Adhikari and 2) Shri Dabendra Adhikari in connection with Laluk P.S. Case No.207/2025 registered under Sections 137/75(2)/79 of the BNS, 2023 read with Section 12 of the POCSO Act, 2012. . The gist of the allegation against the accused/applicant as narrated in the F.I.R. filed on 03.10.2025 is that the minor daughter of the informant went missing on 01.10.2025. The informant prayed for investigation in the matter. It is the case of the petitioner that the victim girl was recovered after 20 days of the alleged incident and thereafter, the accused/applicants were arrested by the police in connection with the aforementioned case. It is also the case of the accused/ applicants that the allegations are totally vague and the accused/ applicants were in fact arrested merely on suspicion.
Page No.# 3/3 The learned counsel appearing for the accused/applicants submits that Charge-sheet in the instant case has already been filed and a case i.e. Special Case No.202/2025 is pending before the Court of learned Special Judge (POCSO), Lakhimpur. In view of the aforesaid, he submits that liberty should be given to the accused/applicants so that they can approach the Trial Court for appropriate relief. In view of the aforesaid prayer, the instant Bail Application is
disposed of with the liberty to the accused/applicants to approach the learned Trial Court for appropriate relief.
JUDGE Comparing Assistant