Page No.# 1/3 GAHC010034152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./547/2025 IRFAN ALI S/O JAKIR ALI R/O VILL- KHANDAPUKHURI , PS MIKIRBHETA , DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:MOJIBUR ALI S/OMD. HUSSAIN ALI VILL-TARAJAN P.S.MIKIRBHETA DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A AHMED, U U KHAN,MR. R ALI Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 06.08.2025 Page No.# 2/3 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Addl. P.P. appearing for the State respondent and Dr. P. Agarwal, learned Amicus Curiae for the respondent no.2. By this petition under Section 483 of the BNSS, 2023, the accused/petitioner, namely, Irfan Ali, has prayed for grant of bail in connection with Mikirbheta P.S. Case No. 221/2023, U/S 365/376 IPC, R/W Section 4 of the POCSO Act. The accused was arrested on 30.10.2023 and has spent more than 1 ½ years behind the bars. The prosecution evidence in the trial is also over and the case is fixed for defence evidence. It appears from the medical evidence that the victim is aged between 16 to 19 years and hence, the possibility that she was an adult at the time of alleged offence cannot be ruled out and she accompanied the accused voluntarily. Having regard to the statement of the victim recorded during cross-examination, I am of the view that at this stage a case for grant of bail has been made out. Keeping in view of the above, the prayer is allowed. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, Morigaon, subject to the condition:- i) That the petitioner shall regularly participate in the trial. This bail application stands disposed of. Send back the case diary. JUDGE Page No.# 3/3 Comparing Assistant