Page No.# 1/4 GAHC010199432025 2025:GAU-AS:14297 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2928/2025 SAIFUL ISLAM S/O ABU MUSA ALI VILL- KHARBALLI, KALGACHIA P.S. KALGACHIA DIST. BARPETA, ASSAM PIN-781319. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SADEM ALI S/O LATE IMAN ALI VILL- KHARBALLI KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN CODE- 781319 PH. NO. 6002411165 83074-46192 Advocate for the Petitioner : MR. A MANNAF, MD A S ALI Advocate for the Respondent : PP, ASSAM, MR M AHMED (R-2),MR. A S TAPADER (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 27.10.2025 1. Heard Mr. A. Mannaf, learned counsel for the petitioner and Mr. A.S. Tapadar, learned counsel for the respondent no.2/informant. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Saiful Islam is seeking regular bail invoking the provisions of Section 483 of BNSS, 2023 in connection with Kalgachia P.S Case No. 67/2025, after filing of charge- sheet has given rise to Special POCSO Case No.53/2025 and pending before the Court of the learned Special Judge, POCSO, Barpeta registered under Sections 87/115(2)/64 of BNS, 2023, R/W Section 8 of the POCSO Act, 2012. 3. Perused the FIR annexed as Annexure-1. 4. Though the scanned TCR as called for has not been received but certified copies of the relevant document have been annexed with the bail petition and it would be possible to dispose of the same on the basis of that. 5. The learned Additional Public Prosecutor for the State, who has pointed out that in her statement recorded before learned JMFC, Page No.# 3/4 the girl, who was aged 17 years at that time, has implicated the accused and mentioned about forceful relationship. 6. The learned counsel for the respondent no.2/informant fairly submits that though he is not opposing the bail petition for the sake of posing but also drawn my attention to the relevant extracts of the said statement before the learned JMFC. 7. The trial is stated to have progressed and the informant, victim and other witnesses have already been examined. 8. Copies of the depositions of the informant and the victim have been annexed and I have perused the same. 9. Considering the length of detention and the progress of the trial, I deem it fit to allow bail to the accused at this stage. 10. Accordingly, the above-named accused is allowed to go on bail of Rs.30,000/- (Rupees Thirty 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 remaining trial; (ii) That the accused shall not harass or harm the informant/victim and their family members in any manner; (iii) That the accused shall not hamper or tamper with evidence. 11. Violation of bail conditions might entail cancellation of the Page No.# 4/4 bail. 12. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant