Page No.# 1/5 GAHC010150772026 2026:GAU-AS:10162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2026/2026 HAJRAT ALI ALIAS HAZARAT ALI S/O NABI HUSSAIN, R/O PIRADHARA PART-I, P.S. ABHAYAPURI, DISTRICT BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM. 2:OHED ALI MONDAL S/O LATE MOYAN MONDAL R/O TINKONIA PART-III P.S. JOGIGHOPA DISTRICT BONGAIGAON ASSAM. MOBILE NO. 763802189 Advocate for the Petitioner : MR. S M MOLLAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 24.07.2026 Heard Mr. S.M. Mollah, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, appearing for the State. 2. This is an application under Section 483 of the BNSS, 2023 for grant of bail to the petitioner namely Hajrat Ali, @ Hazarat Ali, who was arrested on 17.07.2026 in connection with Jogighopa Police Station Case No.109/2026 under Section 3 (5)/ 3 (6)/ 3 (7)/ 3 (8)/ 61 (2)/ 74/ 75/ 78/ 79/ 118/ 126/ 131/ 133/ 351 (3)/ 45/ 56/ 249/ 296 of the BNS, 2023 and read with Section 10/ 12/ 16/ 17/ 19/ 21 of Protection of Children from Sexual Offences Act, 2012 and read with Section 75/ 82/ 87 the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The learned counsel for the petitioner has submitted that as per the FIR, one of the Teachers of Ishahatul Ulum Madrassaltul Banat Madrassa School situated at Malegarh, Part-II had been accused of sexually harassing minor students of the school. 4. Accordingly, the Jogighopa P.S Case No. 109/2026 had been registered and Page No.# 3/5 thereafter during the investigation the petitioner who was also a teacher of the said school had been detained. 5. The petitioner had been forwarded to the learned remand Magistrate on 17.07.2026 and as per the grounds of arrest recorded against the accused petitioner herein, he has been detained due to the position of authority and knowledge of offence, illegal operation of the institution in violation of child care norms, suppression of non-reporting of offence, and abatement of offence etc. 6. The learned counsel for the petitioner has submitted that there is nothing in the FIR to show that the petitioner had at any point of time been made aware of the allegations against the other teachers of the School and further, even if it is assumed that the petitioner had knowledge and did not report before to the appropriate authorities, the maximum punishment under Section 21 of the POCSO Act is for a period of 6 months only. 7. The learned counsel for the petitioner has submitted that from 17.07.2026 till today, the petitioner has been in custody and has been duly interrogated and assured that the release of the petitioner at this stage would not hamper or tamper the investigation in any manner and there is no further requirement of the custodial interrogation of the petitioner. 8. The learned Addl. P.P has submitted that the petitioner is involved in the Page No.# 4/5 administration of affairs of the school and therefore releasing him on bail at this point of time may cause some hindrance in the investigation of the case. 9. We have perused the FIR, the forwarding report and other materials available on record. It is seen that there are no allegations against the petitioner of commission of any Act under the POCSO Act, which may require this Court to consider appointment of an Amicus Curiae or notice to the respondent No.2 while considering the bail petition to the petitioner. 10. On such circumstances, this Court is of the considered opinion that the petitioner can be allowed the privilege of bail in connection with Jogighopa P.S. Case No. 109/2026. Accordingly, the petitioner shall be released on bail on furnishing a bond of Rs. 15,000/- with two sureties of the like amount subject to the satisfaction of the learned Special Judge, POCSO, North Salmara, Abhayapur the bail shall further be subject to the following conditions; (i) The learned Special Judge, POCSO shall be at liberty to impose such conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation of this case. (ii) The petitioners shall not leave the territorial jurisdiction of the learned Special Judge, without prior written permission. (iii) The petitioners shall not hamper and tamper with the evidence of the Page No.# 5/5 case; (iv) The petitioners 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 him from disclosing such facts to the Court or to any Police Officer. (v) The petitioner shall appear before the learned Special Judge, POCSO as and when directed to do so; (vii) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 11. The bail application is disposed of. JUDGE Comparing Assistant