Page No.# 1/3 GAHC010032652025 2025:GAU-AS:2029 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./421/2025 NAJIBUL UDDIN S/O- JALAL UDDIN, R/O VILL- CHIKNI, P.S- KALGACHIA, P.O- MAYANBORI, DIST- BARPETA, ASSAM, PIN- 781319 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:XXXX S/O- LATE INTAZ ALI R/O VILL- GUNIALGURI P.S- KALGACHIA P.O- MAYANBORI DIST- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MR. S A HUSSAIN, MR D J HALOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27-02-2025 Heard Mr. D. J. Haloi, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Najibul Uddin, son of Jalal Uddin, resident of Village-Chikni, Police Station-Kalgachia, P.O.- Mayanbori, District-Barpeta, Assam has filed this application under Section 483 BNSS, 2023, on 14.02.2025 seeking bail in Kalgachia Police Station Case No. 150/2024 registered under Section 64(2) (K) of the BNS, 2023, read with Section 6 of the POCSO Act, with added Section 66 (E) of the Information Technology Act, 2000, wherein, he was arrested on 29.11.2024 and is in custody since then. 3. Though notice was issued to the informant/opposite party No.2, Mr. Sarma, learned Addl. PP submitted that service report is still awaited. 4. On 29.11.2024, the petitioner was arrested in said Kalgachia P.S. Case No. 150/2024 as the petitioner collected pictures of the informant’s minor daughter from her Instagram Account and started blackmailing her and then on 24.11.2024 around 11:30 pm, the petitioner entered into the house of the informant and had forceful sexual intercourse with the minor victim, i.e., the daughter of the informant and recorded a video of those intimate moments on his mobile phone and then forwarded those videos to the mobile phone of the sister-in-law of the complainant. 5. During the deliberation of the matter, Mr. Sarma, learned Addl. PP, Assam submitted that though petitioner was arrested on 29.11.2024 but till date, charge-sheet in said Kalgachia P.S. Case No. 150/2024 has not been submitted and in the meanwhile, since 29.11.2024, the petitioner as on date, had already completed 90 days in custody. 6. Accordingly, the petitioner, namely, Najibul Uddin, son of Jalal Uddin is granted default bail in said Kalgachia P.S. Case No. 150/2024 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties each of the like amount, to the satisfaction of the learned Page No.# 3/3 Special Judge (POCSO)-cum-Additional Sessions Judge, Barpeta on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Kalgachia P.S. Case No. 150/2024 as and when he is required for necessary investigation of said Kalgachia P.S. Case; (ii) shall surrender his passports, if any, before the learned Special Judge (POCSO)-cum- Additional Sessions Judge, Barpeta on or before 06.03.2025; (iii) shall not leave the territorial jurisdiction of the Kalgachia Police Station without obtaining prior written permission from the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Barpeta; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vi) shall not threat the minor victim girl or anyone in her family by himself or by others, acting on his behalf and (vii) he shall not involve himself in any criminal activities in future. 7. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Kalgachia P.S. Case No. 150/2024 shall stand automatically vacated. 8. Bail application accordingly, stands allowed to the extent above. JUDGE Comparing Assistant