Page No.# 1/3 GAHC010282392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4130/2025 SAHIL KHAN S/O MD.IMRAN KHAN PERMANENT ADDRESS VILL-MURKI KHURD, P.S. MOU ROAD MAHMADABA DIST. GHAZIPUR, UTTAR PRADESH PRESENT ADDRESS VILL GHANDHINAGAR,P.S.-SILAPATHAR P.O. SILAPATHAR DIST. -DHEMAJI, ASSAM, PIN-787059. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSSTT. FORJILA BEGUM (INFORMANT) W/O MD. AZAD ALI VILL- KAKOI RAJGARH HATIBANDHA P.S. NORTH LAKHIMPUR P.O. KAKOI RAJGARH DIST. LAKHIMPUR ASSAM PIN- 78705 Advocate for the Petitioner : MR. P THAKURIA, S MEDHI,MS. D KHAKHALARY Advocate for the Respondent : PP, ASSAM, MS P KAKATI(R-2),MR A K AHMED (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.02.2026 Heard Mr. P. Thakuria, learned counsel for the petitioner. Also heard Mr. P.S. Laskar, learned Addl. Public Prosecutor for the State and Mr. A.K. Ahmed, learned counsel for the respondent No. 2. 2. Scanned copy of the TCR has been received. 3. This is an application under Section 483 of the BNSS, 2023 praying for grating bail to the petitioner in connection with Special (P) Case No. 164/2025 arising out of North Lakhimpur PS Case No. 269/2025, under Section 87/3(5) of the BNS, 2023 added Section 127(3)/64(2)(m) of the BNS, 2023 r/w Section 6 of the POCSO Act. 4. The allegation against the petitioner as reflected in the FIR is that he had taken away the victim, who was aged about 17 years at that time, to Delhi. It is further the case of the prosecution that the accused petitioner committed sexual intercourse with the victim while staying at Delhi on three occasions. The case has already been chargesheeted and the evidence of the victim has also been recorded. 5. The learned Additional Public Prosecutor as well as Mr. A.K. Ahmed, learned counsel for the respondent No. 2 have objected to the prayer for bail as the charge sheet has already been submitted. Page No.# 3/3 6. On perusal of the said evidence, it is seen that the victim has not implicated the petitioner of any offence punishable under Sections 4/6 of the POCSO Act under which the petitioner has been charged. 7. Having regard to the above as well as the fact that the petitioner has been in detention for a period of 177 days behind the bars, the prayer for bail is allowed. 8. Accordingly, it is directed that the petitioner, namely, Md. Sahil Khan, shall be released on bail of Rs. 50,000/- (Rupees fifty thousand) with one sureties of the like amount to the satisfaction of the learned Elaka Magistrate in connection with the aforesaid case. 9. It is further provided that the petitioner shall regularly participate in the trial and shall not try to influence the witnesses in any manner. 10. The Bail Application stands disposed of. JUDGE Comparing Assistant