Page No.# 1/3 GAHC010150512026 2026:GAU-AS:11408 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2014/2026 NAZIM UDDIN ALIAS GENU ALI S/O LATE AKKAS ALI, R/O VILLAGE- KHANDAKARPARA, P/O- JOSHIHATI PARA, P.S.- HOWLY, DISTRICT- BARPETA, ASSAM, PIN- 781316. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD KHAJA MAIN UDDIN S/O ABDUL GAFUR R/O VILLAGE- KHANDAKARPARA P.S.- HOWLY DISTRICT- BARPETA ASSAM PIN- 781316 Advocate for the Petitioner : J S AHMED, MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, A S KHAN(VICTIM),MR. KHAIRUL ISLAM(VICTIM) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12.08.2026 Heard learned Counsel Mr. S.M.Abdullah P for the accused applicant and Mr. Page No.# 2/3 M.P.Goswami, learned Addl.Public Prosecutor for the respondent State. Also heard Mr. K.Islam, learned counsel for the respondent No.2. 2. This is an application filed by the accused applicant Nazim Uddin @ Genu Ali under Section 483 of the BNSS, 2023 praying for bail in connection with with Howly P.S. Case No.39/2026 U/S- 137(2) of BNS, R/w- Section 4 of POCSO Act with added Section 61(2) of BNS and Section 17 of POCSO Act, 2012. 3. An FIR was lodged on 11.04.2026 by the informant before the officer-in- charge of Howly Police Station alleging inter alia that his daughter namely, ‘X‘ aged 17 years and 10 months was proposed by the son of accused applicant on several occasions for a relationship and harassed her mentally; that the son of the accused applicant started threatening her; that while his daughter was returning from home after shopping from Khandakarpara market on the advice of the accused applicant, his son forcibly took her in a Maruti car and after reaching at Howly chariali took her to Jorhat; that the son of the accused applicant after reaching Jorhat took her in a hotel and committed rape on her and thereafter, on the next day, put her on a bus and sent her daughter to Howly. On receipt of the FIR, police registered Howly P.S. Case No.39/2026 under aforementioned sections. 4. The learned Counsel appearing for the accused applicant submits that the accused applicant is not connected with the alleged offence as narrated in the FIR. He submits that the accused applicant is the father of the of the person who allegedly took the minor daughter of the informant. He further submits that the accused applicant was arrested on 26.06.2026 and for the last 47 days, he is behind the bars. He submits that the victim girl had in fact, resolved the issue with the son of the accused applicant and both are now staying together after Page No.# 3/3 the victim attained majority. In view of the aforesaid, he submits that since the girl and the boy are staying together, further custody of the accused applicant may not be required. 5. The learned counsel for the informant submits that the girl and the boy have already applied for registration of their marriage and he referred to the acknowledgement slip which has been brought on record by way of an affidavit. 6. After perusal of the acknowledgement slip as well as taking into account the submissions made by the counsel for the respective parties, this Court is of the considered opinion that the accused applicant can be released on bail. 7. Accordingly, it is directed that the accused applicant shall be released on bail forthwith on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned Special Judge, POCSO, Barpeta subject to the condition that: The accused applicant shall co-operate with the investigation and make himself available as and when required. 8. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant