Page No.# 1/4 GAHC010109872026 2026:GAU-AS:10317 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1548/2026 KADIR HUSSAIN AHMED S/O- SAMIR UDDIN AHMED, R/O- VILL DONEHORI PT-II, P.S- SONAI, DIST- SILCHAR, PIN-788113ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ALTAF HUSSAIN LASKAR S/O-ULTAF ALI LASKAR R/O- SAIDPUR PT-III P.S. SILCHAR DIST CACHAR ASSAM PIN Advocate for the Petitioner : MR. S C BISWAS, MS A DAS,MS. R DEVI,MS. S. CHANDA,MS. J GHOSH,MS. K L R YANTHAN,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE R2 Page No.# 2/4 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.07.2026 Heard Mr. S C Biswas, learned counsel for the Petitioner. Also heard Mr. M P Goswami, learned Public Prosecutor for the State of Assam as well as Mr. Sarfraz Nawaz, learned Amicus Curiae appearing on behalf of respondent No. 2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, namely, Kadir Hussain Ahmed, for granting of regular bail in connection with Silchar PS Case No. 219/2026 under Sections 137(2)/87/351(2) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012 in correspondence with G.R Case No. 346/2026 in connection with Special (POCSO) Case No. 30/2026, pending before the learned Addl. Sessions Judge (POCSO), Cachar, Silchar. 3. TCR has received. 4. As per the FIR, the victim girl who is aged about 16 years went to her school for appearing in the examination on 02.03.2026, but did not return since then, and accordingly an FIR was lodged on the same date at around 4:45 p.m. As per the forwarding report, in the course of investigation, after recovery of the Page No.# 3/4 victim it was found that the accused had kidnapped the victim girl and had taken her to a house where he committed forcible sexual intercourse with her. An application had been filed by the I.O seeking addition to Section 87/351(2) of the BNS, read with Section 4 of the POCSO Act, wherein it has been stated that the victim girl had eloped with the accused. 5. However, the trial could not commence till now due to the absence of designated Public Prosecutor and the matter has now being fixed on 8th September, 2026. As of today, the petitioner has been behind bars for 142 days. 7. On perusal of the material on records, it appears to be a case of elopement pursuant to a love relationship and having regard to the fact that the case is now ready for trial, further detention of the petitioner is not necessary. 8. Accordingly, the petitioner named above shall be released on bail in connection with Silchar PS Case No. 219/2026 under Sections 137(2)/87/351(2) of the BNS, 2023, on furnishing a bail bond of Rs. 50,000/- (Rupees fifty thousand only) with two sureties of the like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court subject to the following conditions: i. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 4/4 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. ii. That the learned Eleka Magistrate/Jurisdictional Court may impose any additional condition(s) if he deems it fit and proper to do so to procure the attendance of the petitioner during trial. iii. The petitioner shall not try to contact or intimidate the victim girl or her family members in any manner. 9. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 10. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant