Page No.# 1/4 GAHC010117092026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1537/2026 MAHAR ALI, S/O LATE HAZARAT ALI, VILLAGE- RUBHI, P.O. BALIKURI GAON, P.S. KALGACHIA, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MALA BEGUM W/O SURAJAT ALI R/O KOTABARI NEAR 2 NO. KABARISTAN P.S. GORCHUK KAMRUP (M) ASSAM. (INFORMANT Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, MR S K CHHETRY(R2),MR G SAROWAR(R2),MR. N UDDIN(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28 .0 7 . 2026 Heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. S.S. Ahmed, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. Public Page No.# 2/4 Prosecutor, Assam for the State respondent. Also heard Mr. N. Uddin, learned counsel for the respondent No. 2. 2. This application has been filed by the petitioner namely, Mahar Ali under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail, in connection with Special (POCSO) Case No. 79/2026 registered under Section 65(1) of the BNS, 2023, read with Section 9 of the POCSO Act arising out of Gorchuck P.S. Case No. 86/2026 under Section 65(1) of the BNS, 2023 read with Section 4 of the POCSO Act, pending before the learned Addl. Sessions Judge, Kamrup (Metro), Guwahati. 3. The scanned copy of the TCR alongwith the case diary as called for has been received and perused including the statement of the victim recorded before the police as well as before the Magistrate. 4. The allegation as reflected in the FIR against the petitioner is that the accused person who was neighbor of the informant committed sexual intercourse with the daughter of the informant, who was aged about 15 years since last four months by showing different temptation and also force. 5. The learned senior counsel for the petitioner has submitted that the petitioner was arrested on 24.04.2026 and an incident had take place between the informant and the petitioner, pursuant to which the petitioner had himself lodged FIR before the Odalbakra O.P. on 23.04.2026 i.e. the prior to the date of the lodging of the present FIR and the FIR lodged by the petitioner was entered by G.D. Entry No. 400 at Odalbakra O.P. and subsequently after preliminary investigation, the same was registered as Dispur P.S. Case No. 269/2026 on 09.05.2026 under Sections 126(2)/ 117(2)/ 351(2)/ 3(5) of the BNS, 2023. 6. The learned senior counsel for petitioner further submits that the present Page No.# 3/4 FIR is the counter blast of the FIR lodged by the petitioner. 7. The learned Addl. P.P. has submitted that the victim in her statement before the Magistrate has implicated the petitioner and has opposed the prayer for bail. 8. It appears that initially the victim in her statement had named the petitioner before the police but subsequently, before the Magistrate she stated that she did not know the name of the accused. 9. The investigation of the case is over culminating in the charge sheet and the case is now pending for consideration of the charge. 10. Having regard to the materials available in the TCR as well as the fact of completion of investigation and the length of detention of 40 days already undergone by the petitioner, further detention of the petitioner may not be necessary. Accordingly, the prayer for bail is allowed. The petitioner named above shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with two sureties of the like amount to the satisfaction of the learned Additional Sessions Judge, Kamrup (Metro), Guwahati in connection with the aforementioned case. 11. It is further provided that: (i) the petitioner shall cooperate with the trial of the case regularly and he shall not try to contact the victim and her family members; (ii) the petitioner shall not try to influence or intimidate any person or the witnesses, who are acquainted with the facts of the case, in any manner. 12. The bail application is disposed of. Page No.# 4/4 13. Return the case diary. JUDGE Comparing Assistant