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2026 DAILYLAW 13897 (GAU)

MD. HUSSAIN ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./1581/2026 · 2026-09-08

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010118832026 2026:GAU-AS:13072 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1581/2026 MD. HUSSAIN ALI S/O- LATE MONOWER HUSSAIN,R/O-2 NO. NIZARAPAR,P.O - NOONMATI,P.S- NOONMATI,DIST- KAMRUP M,PIN-781020, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR. 2:ASLURUDDIN AHMED S/O- ANUWAR HUSSAIN R/O-2 No. NIZORAPAR P.O- NOONMATI P.S- NOONMATI DIST- KAMRUP M PIN-78102 Advocate for the Petitioner : MR. M ALI, H R KHAN Advocate for the Respondent : PP, ASSAM, MR. M SARMA, AmicusCuriae, R2 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 09.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Page No.# 2/3 Prosecutor and learned Amicus Curiae representing the informant. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner in connection with Noonmati P.S Case No. 84/2026, u/s 75(2) BNS, R/W Section 8 of the POCSO Act. He was arrested on 21.05.2026 and forwarded before the Court of Special Judge (POCSO), Kamrup (M), Assam. Now, he is in jail hajot. 3. The allegation against the petitioner is that he hugged and kissed the victim, aged 13 years, on her cheek and also touched her breasts. 4. The investigation of the case is complete and a chargesheet has already been submitted, although the trial is yet to commence. Meanwhile, the petitioner has spent 112 days behind bars. It is submitted that the petitioner is a young man of about 25 years of age. 5. Having regard to the nature of the allegations, the fact that the investigation is complete, and the period of detention undergone, the prayer for bail is allowed subject to the execution of a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court. It is further provided that the petitioner shall not approach or contact the victim or her family members directly or indirectly, nor shall he try to influence or Page No.# 3/3 intimidate them or any other witnesses. Violation of the aforesaid conditions may entail cancellation of the bail. 6. The bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant