Page No.# 1/4 GAHC010053142025 2025:GAU-AS:10957 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./784/2025 SATTAM HUSSAIN @ SATTAM ALI S/O- NUR HUSSAIN, R/O- VILL- DHAKUAKHANA, PS PANIGAON, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP BY THE PP, ASSAM 2:MRS. AMENA KHATUN W/O HASEN ALI R/O VILL-DHAKUAKHANA P.O. ANGERKHOWA P.S. PANIGAON DIST. LAKHIMPUR ASSAM PIN-78703 Advocate for the Petitioner : MR. N H BARBHUIYA, MR. S Y AHMED Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.08.2025 1. Heard Mr. A.M. Barbhuiya, learned counsel for the Page No.# 2/4 petitioner and Ms. T. Wapangla, learned counsel appearing on behalf of learned Amicus Curiae D. Gogoi. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sattam Hussain @ Sattam Ali, seeking regular bail in connection with Panigaon P.S Case No.45/2024 under Section 10 of POCSO Act, 2012, which after investigation has given rise to Special POCSO Case No.12/2025, pending in the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. Scanned TCR is received. 4. The accused is stated to have been arrested on 12.12.2024 and presently in judicial custody and it is submitted that trial has not yet commenced by way of examination of prosecution witnesses. 5. It is submitted that the petitioner’s side has filed an additional affidavit taking the grounds of violation of the statutory requirements under Section 47/48 BNSS as held by Hon’ble Supreme Court in the decisions of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254: (2024) SCC Online SC 934 and Vihaan Kumar Vs. State of Haryana and Anr., reported in (2025) 5 SCC 799: (2025) SCC Online SC 269. 6. Perused the copy of the Section 47 BNSS notice annexed with the petition and also the arrest memo. 7. The allegations in the ejahar dated 12.12.2024 is that the accused trespassed into the house of the victim and taking the Page No.# 3/4 chance of no one in the house picked her hair from backside and took her to the bed of one room and forcefully take off her clothes and bite on her chest and also bite on her neck and cheek. 8. On the other hand, the learned Additional Public Prosecutor for the State opposes the bail on merits as the victim has not yet been examined. However, he fairly submits that notice under Section 47 BNSS is available and placed before the Court and notice under Section 48 BNSS is not available. 9. Upon perusing, I find that it tallies with the one annexed with the petition – You are hereby inform that you are arrested in connection with above reference case today on 12.12.2024 at 1 PM as there is sufficient evidence found against you which is non bailable to police. So you are forwarded to the Hon’ble Court. You may submit petition before the Hon’ble Court for bail purpose. 10. Ms. T. Wapangla, learned counsel appearing on behalf of learned Amicus Curiae D. Gogoi, who is stated to be in leave due to a bereavement. 11. Ms. T. Wapangla, learned counsel appearing on behalf of learned Amicus Curiae D. Gogoi opposes the bail application. 12. In view of non-supply of the notice under Section 48 BNSS and the nature of the notice under Section 47 BNSS – the arrest of the present accused in December,2024 suffers from fatal procedural infirmity as laid down and explained by the Hon’ble Supreme Court Page No.# 4/4 in Vihaan Kumar (Supra) and Prabir Purkayastha(Supra). 13. Despite the other aspects, the aforesaid infirmity entitles the accused to be granted bail. In any case, he has been under trial detention since 12.12.2024. 14. 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 concerned learned court with following conditions: (i) That the accused shall not abscond; (ii) That the accused shall not, in any manner, harass or intimidate the informant/victim and their family member; (iii) That the accused shall not hamper or tamper any evidence. (iv) That the accused shall not make any attempt to influence witnesses. 15. Violation of bail conditions might entail cancellation of the bail. 16. With the above observations, this bail petition stands allowed and stands disposed of with the aforesaid terms. JUDGE Comparing Assistant