Page No.# 1/4 GAHC010263472025 2026:GAU-AS:1721 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3868/2025 MD SOFIKUL ALI SON OF LATE MUZZAMIL HOQUE, RESIDENT OF VILLAGE BORCHUKABAHA, P.S. MIKIRBHETA, DISTRICT MARIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR. ASSAM 2:SIDDIQUE ALI SON OF LATE RAHMAN ALI RESIDENT OF VILLAGE BORCHUKABAHA P.O P.S. MIKIRBHETA DISTRICT MARIGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. J A AHMED, MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 09.02.2026 Heard Mr. J. A. Ahmed, learned counsel appearing on behalf of the accused- Page No.# 2/4 applicant. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, representing the State respondent as well as Mr. P. S. Nawaz, learned Amicus Curiae, representing the respondent no. 2. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused in connection with Special (POCSO) Case No. 127/2025, registered under Sections 449/376(2) of the IPC read with Section 6 of the POCSO Act, 2012, pending before the Court of learned Special Judge (POCSO), Morigaon. 3. Scanned copy of the TCR in connection with the Special (POCSO) Case No. 127/2025 has been received. 4. On 20.06.2025, an FIR was lodged by the informant, namely, Siddique Ali, alleging that on 20.06.2025, at around 4:00 PM, while his minor daughter (the victim) was alone at the house then the accused, namely, Md. Sofikul Ali trespassed into his house and forcefully committed rape upon his minor daughter. His son, namely, Rakib Ali, aged about 10 years, after returning from the paddy field saw the accused person committing rape upon his minor daughter. It was alleged that the accused person threatened him with dire consequences of life and not to disclose the incident to anyone. Later, his son called his sisters, namely, Sajida Begum and Selina Begum and narrated the incident to them over the phone. Later, at around 6:00 PM, when the informant returned to his house, he got to know about the incident and asked his daughter and learnt that on earlier occasion also, the accused had committed rape upon his minor daughter several times. 5. Upon receipt of the FIR, the police registered Mikirbheta P.S. Case No. 76/2025, under Sections 329(4)/64(1)/351(3) of the BNS, 2023, read with Section 6 of the POCSO Act, 2012. 6. The police started investigation and arrested the accused person on 21.06.2025 and he was forwarded to the learned Chief Judicial Magistrate, Morigaon, Assam, and since Page No.# 3/4 then he is behind the bar. After the investigation, the investigating officer submitted charge-sheet, vide Charge-sheet No. 57 dated 29.06.2025, against the accused person and thereafter, POCSO Case No. 127/2025 was registered for trial of the accused person. Thereafter, charges under Sections 446/376(2) of the IPC read with Section 6 of the POCSO Act were framed against the accused person. Till date, out of the 9(nine) PWs listed in the Charge-sheet, 8(eight) PWs have already been examined before the Trial Court including the victim, informant and the brother of the victim i.e., Rakib Ali. 7. Mr. J. A. Ahmed, learned counsel for the accused-applicant submits that the accused is already behind the bar for 234 days and 8(eight) PWs have already been examined and cross-examined before the Trial Court. He submits that the medical report submitted in the instant case does not support the allegations made in the FIR filed in the instant case. Therefore, he submits that further custodial detention of the accused is not required in the instant case. 8. Per contra, Mr. R. J. Baruah, learned Addl. P.P. opposes the prayer of bail and he submits that there are specific statements of commission of the alleged offence by the accused in the depositions of the PWs before the Trial Court. Therefore, he submits that at this stage, the accused-applicant should not be granted bail. 9. This Court has gone through the scanned copy of the TCR submitted before this Court and also heard the submissions made by the learned Amicus Curiae appearing for the respondent no. 2, the informant. 10. The learned Amicus Curiae, Mr. S. Nawaz has also pointed out that the medical report submitted in the instant case, does not support the allegations made in the FIR by the informant. 11. On perusal of the TCR, this Court has found that examination and cross- examination of the PWs are almost over and only 1(one) PW is to be examined in the instant case. This Court has also considered the report submitted by the Medical Officer Page No.# 4/4 in the instant case, which, prima facie, does not support the allegations made in the FIR submitted in the instant case. However, without commenting anything about the merit of the case, taking into account the long detention of the accused-applicant as well as the status of examination and cross-examination of the PWs, this Court is of the considered view that the accused-applicant should be given the privilege of bail at this stage. Accordingly, it is directed that the accused-applicant shall be released forthwith from the judicial custody on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two local sureties of like nature to the satisfaction of the learned Special Judge (POCSO), Morigaon, Assam, subject to the following conditions: - 1. that, the accused shall appear before the learned Trial Court as and when required during the trial of the case; 2. that, the accused shall not try to get in connection with the victim girl or her family, in any manner, during the trial of the case to influence them in any manner; 3. that, the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority. 12. In view of the aforesaid directions, this bail application stands disposed of as allowed. JUDGE Comparing Assistant