Page No.# 1/6 GAHC010232292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1140/2025 MRS RENU BORA W/O- SRI SANKAR BORA, VILLAGE- NO. 3, SALBARI, DULUPATH, HOUSE NO 12, NOONMATI, KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:ABDUL ALI S/O- RUPSAN ALI VILLAGE- 3 NO SALBARI DULU PATH P.S.-NOONMATI DIST.- KAMRUP METRO ASSA Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MR. S. K. CHAKMA,MR I CHAKMA Advocate for the Respondent : PP, ASSAM, MR S K CHHETRY(R2),MR. N UDDIN(R2) Linked Case : Bail Appln./2029/2025 ABDUL ALI S/O- RUPSAN ALI. R/O- 3 NO. SALBARI Page No.# 2/6 DULU PATH P.S.- NOONMATI DIST.- KAMRUP(M) ASSAM. PIN-781020 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:RENU BORA. W/O- SANKAR BORA. R/O-3 NO. SALBARI DULU PATH H.NO.12. P.S.- NOONMATI DIST.- KAMRUP(M) ASSAM PIN-781020. ------------ Advocate for : MR. M A SHEIKH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Bail Appln./2401/2025 ABDUL ALI S/O- RUPSAN ALI VILLAGE- 3 NO SALBARI DULU PATH P.S.-NOONMATI DIST.- KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Page No.# 3/6 2:MRS. RENU BORA W/O- SRI SANKAR BORA VILLAGE- NO. 3 SALBARI DULUPATH HOUSE NO 12 NOONMATI KAMRUP METRO ASSAM ------------ Advocate for : MR. N UDDIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 18.05.2026 1. Heard Ms. D. Ghosh, the learned counsel for the applicant. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State as well as Mr. N. Uddin, learned counsel for the respondent No. 2. 2. This Interlocutory Application has been filed by the applicant/informant in connection with Bail Application No. 2401/2025 praying for cancellation of bail granted to the respondent No.2 on the ground that in the Bail Application, which was filed by the respondent No.2 and was registered as Bail application No. 2401/2025, the fact of the pendency of an earlier bail application in connection with the same case i.e., the Sessions (Spl.) Case No. 21/2025 arising out of Noonmati P. S. Case No.226/2024 under Page No.# 4/6 Section 64 of BNS, read with Section 6 of POCSO Act, 2012 was not disclosed. 3. Ms. 3. Ms. D. Ghosh, the learned counsel for the applicant submits that the applicant herein is the mother of the victim girl as well as the informant, on the basis of whose FIR, the Noonmati P.S. Case No.226/2024 was registered. 4. She submits that by order dated 25.09.2025, passed in Bail Application No. 2401/2025, the respondent No. 2 was granted the bail by this Court in connection with Sessions (Spl.) Case No. 21/2025 arising out of Noonmati P.S. Case No.226/2024. However, in the said bail application, in the supporting affidavit, which was sworn by one Ruksan Ali, who is the father of the present respondent No.2, nothing was disclosed regarding the pendency of an earlier bail application filed by the present respondent No.2 which was registered as bail application No. 2029/2025. 5. The learned counsel for the applicant submits that non-discloser regarding the pendency of an earlier bail application before this Court by the same petitioner in connection with the same police station case as well as sessions case is a clear case of suppression of material facts before this Court, which is also violation of a prevailing notification of the Registry of this Court in this regard. She submits that for such willful non-discloser by the respondent No.2, the bail granted to him in Bail Application No. 2401/2025 is liable to the cancelled. Page No.# 5/6 6. On the other hand, Mr. N. Uddin, the learned counsel for the respondent No. 2 submits that the respondent No.2 is an illiterate rustic person and though, he has put signature on the affidavit in both the cases namely, Bail Application No. 2401/2025 and Bail Application No. 2029/2025, however, he was not aware regarding the fact that both the bail applications are pending before this court. 7. I have considered the submissions made by the learned counsel for both sides and also have gone through the materials available on record. 8. It appears that the Bail Application No. 2029/2025 was filed by the present respondent No. 2 on 17.06.2025 in connection with Sessions (Spl.) Case No. 21/2025 arising out of Noonmati P.S. Case No.226/2024. Thereafter, again the petitioner filed another bail application on 22.07.2025 in connection with the same case, which was registered as Bail application No. 2401/2025. In the said bail application, nothing was disclosed about the pendency of the earlier bail application, which is in clear violation of the requirement as mandated in the Notification No. 9 dated 03.02.2024 issued by the Registry of this Court. It is pertinent to mention herein that the said Notification was issued as per the directions of the Apex Court of India in its order dated 19.01.2024 passed in Criminal Appeal No. 303/2024. 9. As there is a clear suppression of the fact regarding the pendency of an earlier bail application, the bail granted to the petitioner by order dated 25.09.2025 passed in Bail Application No.2401/2025 is liable to be cancelled. The same is accordingly done. Page No.# 6/6 10. The respondent No. 2, namely, Abdul Ali is directed to surrender before the Trial Court on 02.06.2026. 11. It is however, made clear that he may pray for bail before the Trial Court and if he does so, the said application shall be decided by the Trial Court on its own merit. 12. This Interlocutory Application, is accordingly, disposed of. JUDGE Comparing Assistant