Page No.# 1/3 GAHC010231372025 2025:GAU-AS:15180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3417/2025 WASHIM AKRAM S/O- SAHALOM , R/O- VILLAGE -KHARUABANDHA(AMTOLI), P.O.-FEKAMARI, P.S.- SOUTH SALMARA, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN - 783128 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD. JAIL HUSSAIN S/O- H. ABDUL SALAM VILL.-HATISINGIMARI P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN - 783128 Advocate for the Petitioner : MR Z ALAM, J. ISLAM,A. ROY,A. RAHMAN,MS. S NAZNEEN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.11.2025 Heard Ms. S. Nazneen, learned counsel appearing on behalf of the accused- Page No.# 2/3 applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with South Salmara P.S. Case No. 118/2025, registered under Sections 329(4)/64/62 of the BNS, read with Section 8 of the POCSO Act. 3. The allegation as leveled in the FIR dated 07.09.2025, filed by one Md. Jail Hussain before the Officer-in-charge of Kharuabandha Police Outpost is inter alia, that on 07.09.2025, at about 7:30 PM, the accused-applicant entered into the house of the informant and hid himself in a corner of the room; that in the same night at about 11:30 PM, when the informant and others went to bed, they heard hue and cry from the room of the minor daughter of the informant; that they went to room and found the accused- applicant was trying to rape their minor daughter; that they informed the police of Kharuabandha Police Outpost; that accordingly, the accused-applicant was taken into judicial custody by the police and the police registered the South Salmara P.S. Case No. 118/2025 under the aforementioned sections. 4. The learned counsel appearing for the accused-applicant submits that the accused- applicant has already spent more than the mandatory period of 60 days in judicial custody and taking into account, the aforesaid aspect, this Court should grant default bail to the accused-applicant. 5. On the other hand, the learned Addl. P.P. submits that he has received information of filing of the Charge-sheet in the instant case, vide Charge-sheet No. 108/2025 dated 30.09.2025. Therefore, since the Charge-sheet has already been filed long time back, the accused-applicant should not be granted the benefit of default bail. 6. This Court has gone through the Case Diary submitted before this Court and also heard the submissions made by the learned counsel for the parties. Page No.# 3/3 7. This Court after taking into account the fact that the accused-applicant is still in judicial custody for more than 63 days, though the Charge-sheet was filed before the Trial Court on 30.09.2025, is of the view that the benefit of default bail should be granted to the accused-person in the instant case. Accordingly, the accused-applicant is directed to be released forthwith from the jail on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with surety of like nature to the satisfaction of the learned Court of the Special Judge, South Salmara, Mancachar, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant