Page No.# 1/3 GAHC010060582026 2026:GAU-AS:4332 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./874/2026 ABDUL KALAM S/O ABDUL JALIL R/O VILL- 1 NO. DIJOOPATHAR P.S. AND P.O. DIJOO PATHAR DIST. LAKHIMPUR, ASSAM, PIN-787031. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MALEKA KHATUN W/O ARSAB VILL- KHONAJAN P.O. SILONIBARI NORTH LAKHIMPUR ASSAM PIN-787031 Advocate for the Petitioner : M M RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26/03/2026 1. Heard Mr. M.M. Rahman, learned counsel for the petitioner and Mr. M. P. Page No.# 2/3 Goswami, learned APP, Assam, appearing for the State. 2. This is an application under section 483 BNSS seeking bail in respect of the petitioner Abdul Kalam in connection with North Lakhimpur PS case No. 230/2025, corresponding to Spl. (POCSO) Case No. 154/2025, registered under section 127(2)/137(2)/64(1)/3(5) of BNS, read with section 4 of POCSO Act. 3. The allegation against the petitioner is that on 02/07/2025 at around 10-30 p.m., the accused person had forcibly taken away the daughter of the informant from the road side in a vehicle and it was subsequently learnt that the accused took the victim girl to his house and thereafter, to his grandmother’s house and subsequently at the house of the sister of the petitioner, when he established physical relationship with the victim girl and at the time of occurrence, the victim was below 18 years of age. 4. On completion of investigation, the I.O. submitted charge sheet and accordingly charges were framed and trial proceeded and by now, 4 (four) witnesses including the informant, the victim as well as the father of the victim have already been examined. Copies of the depositions have been annexed to the instant bail petition, wherefrom it appears that none of the witnesses have supported the prosecution case and have been declared hostile. 5. Affidavits sworn by the victim as well as the father of the victim and the complainant i.e. the mother of the victim have also been annexed to the instant bail application, wherein, it is stated that the said deponents have no objection to the grant of bail to the present petitioner. The said affidavits have been sworn before the Notary Public at Lakhimpur and certified to be true copies by the learned counsel. In view of the above, there is no necessity for issuing notice to the respondent no. 2. The petitioner was arrested on 06/08/2025 and has spent about 8 months behind custody. Page No.# 3/3 6. Having regard to the above, I am of the view that a case for grant of bail to the petitioner has been made out. Accordingly, it is directed that the petitioner Abdul Kalam shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two local sureties of like amount to the satisfaction of the learned District and Sessions Judge, Lakhimpur at North Lakhimpur. 7. It is provided that the petitioner shall appear before the learned Trial Court regularly and shall not try to temper with the evidence and influence or intimidate the witnesses. 8. The bail application is accordingly disposed of. JUDGE Comparing Assistant