Page No.# 1/4 GAHC010057432025 2025:GAU-AS:6428 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./857/2025 RIYAJUL HOQUE SON OF ESMAT ALI, R/O VILL - SEWRAGURI, P.S. MANKACHAR, DISTRICT - SSM MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MOINA BIBI W/O MAHALOM SK. VILL-MOINABONDHA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR S H SIKDAR, A ISLAM,MD IMRAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 21/05/2025 Heard Mr. S H Sikdar, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Riyajul Hoque, son of Esmat Ali, resident of Village-Sewraguri, P.S. Mankachar, District-SSM Mankachar, has filed this application under Section 483 of BNSS, 2023, on 17.03.2025, praying for his bail in South Salmara Police Station Case No. 26/2025 registered under Sections 137(1)(b)/87/65(1)/3(5) of BNS read with Section 6 of the POCSO Act corresponding to G.R. No. 60/2025, wherein he was arrested on 20.02.2025 and are in custody since then. 3. Matter relates to committing of rape by the petitioner along with another accused on the minor victim girl on 15.02.2025. 4. Mr. Sarma, learned Additional Public Prosecutor, Assam, on instruction submitted that as on date, charge-sheet in said South Salmara P.S. Case No. 26/2025 has not been filed. 5. Since 20.02.2025, the petitioner is in custody for 90 days till date. 6. For the reasons above, the petitioner is entitled for default bail in said South Salmara P.S. Case No. 26/2025. 7. Accordingly, the petitioner, namely, Riyajul Hoque, son of Esmat Ali is granted default bail in said South Salmara P.S. Case No. 26/2025 registered under Sections 137(1) (b)/87/65(1)/3(5) of BNS read with Section 6 of the POCSO Act corresponding to G.R. No. 60/2025, on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge (POCSO), South Salmara Mankachar on conditions that the petitioner — (i) shall appear before the Investigating Officer of said South Salmara P.S. Case No. 26/2025 as and when he is required for necessary investigation of said South Salmara P.S. Page No.# 3/4 Case; (ii) shall not leave the territorial jurisdiction of South Salmara Police Station without obtaining prior written permission from the learned Special Judge (POCSO), South Salmara Mankachar; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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; (v) shall not harm/threat the minor victim girl, her parents or anyone of her family members by him or by anyone acting on his behalf in any manner; vi) shall not come to the vicinity of the minor victim girl or anyone of her family; and (vi) shall not involve himself in any criminal activities in the future. 8. In the event charge-sheet is filed against the petitioner, he shall appear before the learned Special Judge (POCSO), South Salmara Mankachar in the concerned South Salmara P.S. Case No. 26/2025 corresponding to G.R. No. 60/2025 and shall obtain regular bail from the said Court. Thereafter, he shall appear before the learned Special Judge (POCSO), South Salmara Mankachar on the dates the case is fixed, without fail till the completion of the trial of the case. 9. It is also made clear that in the event of filing of Charge-Sheet against the petitioner in said South Salmara P.S. Case No. 26/2025 and the petitioner prays for regular bail before the said Court, the Court of learned Special Judge (POCSO), South Salmara Mankachar shall be at liberty to consider such bail application of the petitioner in accordance with law, as it deems fit and proper, securing the presence/attendance of the petitioner during the trial of said South Salmara P.S. Case No. 26/2025 corresponding to G.R. No. 60/2025 till its conclusion. 10. Violation of any of the aforesaid terms and conditions by the petitioner, Riyajul Hoque, the bail granted to him in the aforesaid South Salmara P.S. Case No. 26/2025 shall stand automatically vacated. Page No.# 4/4 11. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant