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2026 DAILYLAW 12775 (GAU)

SAYED ALI, v. THE STATE OF ASSAM AND ANR

Bail Appln./1530/2026 · 2026-08-17

Robin Phukan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010114332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1530/2026 SAYED ALI, SON OF JAMAL ALI, RESIDENT OF VILLAGE KEOTPARA KOYAKUCHI KATATPARA, P.S. DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BRIDAO BASUMATARY SON OF ASHIM BASUMATARY RESIDENT OF VILLAGE RAJDABRI P.S. KACHUGAON DISTRICT KOKRAJHAR ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, LEGAL AID COUNSEL, R2 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 18.08.2026 Heard Mr. N. Ahmed, learned counsel for the accused and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Dr. P. Agarwal, learned Legal Aid Counsel for the respondent No. 2. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused, namely, Sayed Ali; who has been languishing in jail hajot since 24.05.2026, in connection with Kachugaon P.S. Case No. 10/2026, registered under Section 87 of the BNS, 2023, read with Section 6 of the POCSO Act, 2012. 3. Though Mr. Goswami, learned APP was directed to produce the case diary before this Court, yet, as per his instruction, the I.O. has completed investigation and submitted charge-sheet in this matter, being Charge-sheet No. 09/2026, dated 26.06.2026, before the learned Trial Court and as such, he could not produce the case diary before this Court today. 4. Mr. Ahmed, learned counsel for the accused submits that since charge- sheet has been submitted in this matter, the petitioner will approach the learned Trial Court and as such, this matter may be disposed of. 5. Accordingly, taking note of the submissions of the learned counsel for both the parties and also considering the facts and circumstances on record, this Court is inclined to dispose of this petition, by granting liberty to the Page No.# 3/3 petitioner/accused to approach the learned Trial Court, by filing regular bail application. And in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law. 6. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant