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2026 DAILYLAW 13929 (GAU)

ABINASH KUJUR v. THE STATE OF ASSAM AND ANR

Bail Appln./1762/2026 · 2026-09-08

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010131052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1762/2026 ABINASH KUJUR SON OF AMRUSH KUJUR, RESIDENT OF VILLAGE KATHONI 5 NO. POKA LINE, P.S. LALUK, DISTRICT LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:IUP HEMROM SON OF LATE MATIYACH HEMROM RESIDENT OF DUBI CHRISTAIN BASTI P.S. LALUK DISTRICT LAKHIMPUR ASSA Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, MR. P BORDOLOI(R2),MS T PARASHAR, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 09.09.2026 Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam Page No.# 2/3 and Mr. P. Bordoloi, learned counsel for the respondent No.2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Abinash Kujur has prayed for releasing him on bail after he was arrested on 18.06.2025 in connection with Laluk Police Station Case No. 119/2025, registered under Sections 64(ii)(m) of the BNS, 2023 read with Section 6/17 of the POCSO Act, 2012. 3. The allegation against the petitioner is that he established physical relationship with the victim, that is, the daughter of the informant, who was aged about 16 years at the time of incident. And as a result of such physical relationship, victim became pregnant and delivered a female child. At the time of lodging of the FIR on 17/06/2025, the victim was pregnant by 4 months as stated in the FIR. 4. The learned counsel for the petitioner submits that the petitioner himself is a young person, who is aged about 22 years old and he was in a love affair with the victim and also intends to marry her. 5. Learned counsel for the informant also submits that the discussion of marriage is going on and it is expected that they will get married after the victim attains the age of majority which should be on February, 2027, as per the date of birth recorded in her Admit Card. 6. The deposition of the victim as well as the informant has already been recorded. And the petitioner has been behind bars for about one year three months. Page No.# 3/3 7. 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 Special Judge (POCSO), Lakhimpur in connection with Laluk Police Station Case No. 119/2025, registered under Sections 64(ii)(m) of the BNS, 2023 read with Section 6/17 of the POCSO Act, 2012. 8. It is further provided that the petitioner shall regularly participate in the trial and shall not try to tamper with the remaining witnesses. 9. Accordingly, the bail application stands allowed and disposed of. JUDGE Comparing Assistant