Page No.# 1/3 GAHC010160132026 2026:GAU-AS:12904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2183/2026 SANJIBUL ISLAM ALIAS SAJIBUL ISLAM S/O- JAKIR HUSSAIN VILL- DHANBANDHA, P.S- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SAHERA KHATUN W/O- MOMREZ ALI VILL- DHANBANDHA P.O. SONKUCHI P.S.- BARPETA DIST- BARPETA (ASSAM) PIN- 78131 Advocate for the Petitioner : MR H A AHMED, MISS. S PARBIN,MR. R ALI Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07.09.2026 Heard Mr. H. A. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the State of Assam Page No.# 2/3 and Ms. M.K. Brown, learned Amicus Curiae for respondent No.2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Sanjibul Islam @ Sajibul Islam has prayed for releasing him on bail after he was arrested on 18.04.2026 in connection with Special POCSO Case No. 39/2026, registered under Sections 75/78/115(2) of BNS, 2023 read with Section 8 of the POCSO Act, pending before the Court of learned Additional Sessions Judge-cum-Special Judge (POCSO), Barpeta arising out of Barpeta Police Station Case No. 126/2026. 3. The allegations pertain to sexual assault having been committed by the petitioner on the victim, who is aged about 17 years by touching different parts of her body. 4. The case is at the stage of trial and has reached the stage of conclusion. The evidence of the victim does not support the prosecution case, and there is no other eyewitness to the alleged occurrence. 5. It is also stated that the petitioner has been behind bars for about 241 days. 6. Having regard to the above, as well as the period of detention undergone by the petitioner, prayer for bail is allowed. Accordingly, it is directed that the petitioner shall be released on a bail bond of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Special POCSO Case No. 39/2026, registered under Sections 75/78/115(2) of BNS, 2023 read with Section 8 of the POCSO Act, pending before the Court of learned Additional Page No.# 3/3 Sessions Judge-cum-Special Judge (POCSO), Barpeta arising out of Barpeta Police Station Case No. 126/2026. 7. It is further provided that the petitioner shall regularly participate in the trial and shall not try to tamper with the remaining witnesses. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant