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2025 DAILYLAW 2996 (GAU)

FARMAN ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./3566/2025 · 2026-03-31

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010240042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3566/2025 FARMAN ALI S/O- LT. SOHIDUL RAHMAN ALIAS SHAHIDUR RAHMAN, VILLAGE- BAREGARH, P.O.-BARPARA, P.S.-ABHAYAPURI, DIST.-BONGAIGAON, ASSAM, PIN-783380 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:CHANIMA RAY W/O-BASANTA CHAHU R/O-BARNALIKALA UJANPARA P.O.-BARPARA P.S.-ABHAYAPURI DIST.-BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. S AHMED, MR M RAHMAN,T UDDIN Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, AMICUS CURIAE (R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 01 .04. 2026 Heard Mr. S. Ahmed, learned counsel for the petitioners and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. N. Mahajan, learned Amicus Curiae, representing the respondent No. 2. 2. This bail application has been filed by the petitioner namely, Farman Ali under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Abhayapuri P.S. Case No. 197/2025 under Sections 318(2)/ 137(2)/ 65 (1) of BNS, 2023 read with Section 4 of the POCSO Act. 3. The allegation against the petitioner is that he took away the minor girl i.e. the niece of the informant and committed rape upon her inside the truck. The petitioner was arrested on 21.08.2025 and the case was charge sheeted and the trial is also commenced. 4. The learned Addl. Public Prosecutor has submitted that there are sufficient materials against the petitioner collected by the I.O. Therefore, he opposes the prayer for bail. 5. I have perused the TCR including the evidence of the victim and upon perusal of the cross-examination of the victim, further detention of the petitioner is not warranted. 6. Having regard to the above, it is directed that the petitioner above named shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of the like amount to the satisfaction of the Page No.# 3/3 learned Special Judge, North Salmara, Assam. 7. It is further provided that the petitioner shall cooperate with the trial and he shall not influence any witnesses acquainted with this case, in any manner. 8. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant