Page No.# 1/4 GAHC010017892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./246/2025 MD AZAHARUL ISLAM S/O ISMAIL ISLAM R/O VILL-HATIJUJUWA P.S. JAJORI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI SURENDRA THAKUR S/O LT RAMSARIKHAN THAKUR R/O VILL-MAIRABARI MORIGAON ASSA Advocate for the Petitioner : MR. A AHMED, MS. A KHATUN,MD A RAHMAN Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 01.08.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner and Ms. B. Choudhury, learned Amicus Curiae appearing for the respondent no.2/informant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Md. Azaharul Islam, who is under trial detention in connection with POCSO Case No. 110/2024 arising out of Morigaon P.S Case No.195/2024 registered under Sections 137(2)/3(5) of BNS, 2023, pending in the Court of learned Court of Additional Sessions Judge Cum Special Judge (POCSO), Morigaon, Assam. 3. It is submitted by the learned Additional Public Prosecutor that after investigation, Section 10 of POCSO Act, 2012 was also added. 4. Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State has further submitted that the trial has commenced and in the meantime, the informant and the alleged victim have already been examined. 5. The scanned copy of the trial court record is available. 6. The learned defence counsel has also raised an issue of Page No.# 3/4 procedural infirmity in the arrest, violating constitutional provisions under Article 22(1) of the Constitution of India. 7. Nevertheless, considering the length of the detention and the progress of trial, especially, the examination of key witnesses like informant and prosecutrix, I am of the view that it would be fair and just to grant bail to the accused at this stage. 8. 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 learned Court of Additional Sessions Judge Cum Special Judge (POCSO), Morigaon, Assam with following conditions: (i) That the accused shall be available for the remaining trial; (ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the accused shall not commit any offence while on bail. (iv) That the accused shall not hamper or tamper any evidence. 9. Violation of bail conditions might entail cancellation of the bail. Page No.# 4/4 10. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant