Page No.# 1/3 GAHC010121982026 2026:GAU-AS:12277 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1664/2026 ASHIK AHMED S/O JAMAL UDDIN R/O VILL.- NIZ JURIA, KODOMONI PATHAR, P.O.KODOMONI PATHAR P.S. JURIA, DISTRICT- NAGAON PIN- 782124 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM. 2:KAMAL UDDIN S/O NURUL ISLAM R/O VILL- NIZ JURIA P.O. KODOMONI PATHAR P.S. JURIA DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MD. M H CHOUDHURY, MR MONZUR K CHOUDHURY,TANZIM L. CHOUDHURY,R. BARUAH,MR. S N AHMED Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE R2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-08-2026 Heard learned counsel Mr. M.K. Choudhury for the petitioner Ashik Ahmed, Page No.# 2/3 who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as he is behind bars since 17.04.2026 in connection with Juria Police Station Case No. 88/2026 under Sections 87/3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Additional Public Prosecutor Mr. K.K. Das for the respondent State. 3. Learned Amicus Curiae Ms. T. Parashar is not present. 4. It is submitted on behalf of the petitioner that the petitioner is only 19 (Nineteen) years old and he had a love affair with the victim, who went with the petitioner on her own volition, but a false case has been slammed against the petitioner. The medical report also reveals that the victim is above 18 (Eighteen) years of age. It submitted on behalf of the petitioner that the victim willingly went with the petitioner. 5. Learned Additional Public Prosecutor Mr. K.K. Das has raised serious objection, stating that the victim has incriminated the petitioner. It is submitted that according to the birth certificate, her date of birth was 23.08.2009. Learned Additional Public Prosecutor has also raised objection, stating that as the victim is a minor according to her date of birth, this offence falls under the POCSO Act, which is a serious offence and therefore, the petitioner should not be granted bail at this juncture as the victim’s statement is yet to be recorded. 6. I have considered the submissions at the bar with circumspection. I have considered the age of the petitioner. The petitioner is only 19 (Nineteen) years old. He is behind the bars for more than 4 (Four) months. Trial has not yet Page No.# 3/3 commenced. It is also submitted that summonses were issued to the witnesses and even after four dates, the victim and the informant have not appeared for recording their evidence in the Court. It is also submitted that the petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 7. Considering the entire aspect of the matter, the petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that :- (i) the petitioner shall not exercise threats to the victim or any other witnesses; (ii) the petitioner shall cooperate with the trial and; (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 8. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant