Page No.# 1/3 GAHC010150392026 2026:GAU-AS:13024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2043/2026 SAFIKUL MULLAH ALIAS SAFIKUL MOLLAH S/O FAJAL MULLAH @ FAJAR MOLLAH, R/O VILL. BHULUKABARI PATHAR, P.O. JARABARI, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN- 781314. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAMSUL HOQUE S/O LATE INTAJ ALI R/O VILL. BONTIPUR P.O. JARABARI P.S. BARPETA DIST. BARPETA ASSAM PIN-781314 Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR J ISLAM,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, MS. M DUTTA, AMICUS CURIAE R2 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 08.09.2026 Heard Mr. A. Alim Sk, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam and Ms. M. Dutta, learned Amicus Curiae representing respondent No.2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Safikul Mullah @ Safikul Mollah has prayed for releasing him on bail after he was arrested on 13.05.2026 in connection with Special POCSO Case No.40/2026 (arising out of Barpeta P.S Case No.163/2026) registered under Section 87/3(5) of BNS, 2023 and Charge Sheet has been submitted by I/O under Section 87 of BNS, 2023 read with Section 6 of the POCSO Act and charge has been framed by Additional Sessions cum Special Judge (POCSO), Barpeta under Section 87/64/115(2) of BNS, 2023 and 6 of the POCSO Act. 3. The charge against the petitioner is that he kidnapped the minor daughter of the informant, who is below 17 years of age and took her to Karnataka and stayed there for about 13 days and during such period, he committed forceful sexual intercourse with her and subsequently, he came back with the victim and on return, she was handed over to the parents. 4. It appears from the statement of the victim herself that she was in love affairs with the petitioner who is also a young boy of about 26 years of age and prima facie the case appears to be one of voluntarily elopement rather than Page No.# 3/3 kidnapping. 5. Having regard to the aforesaid fact and also the investigation of the case is over as well as the period of detention of about 170 days 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. 6. It is further provided that the petitioner shall regularly participate in the trial and shall not try to contact the victim or her family members nor try to influence or intimidate any other person acquainted with the facts of the case in any manner. 7. Accordingly, the bail application stands allowed and disposed of. JUDGE Comparing Assistant