Page No.# 1/3 GAHC010190642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2608/2026 SAHEB MIYA S/O MOTABAR MIYA, R/O BARAGDIA, P.S.- SARTHEBARI, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SUKUR ALI S/O RANJAN ALI R/O BARMARA P.O. AND P.S.- SARTHEBARI DISTRICT- BARPETA ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I A HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.09.2026 Heard Mr. I.A. Hazarika, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. PP for the State respondent No. 1. Also heard learned counsel for the respondent No. 2. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Saheb Miya, who was arrested on 10.03.2026 in connection with Special POCSO Case No. 23/2026 (arising out of Sarthebari P.S. Case No. 150/2025) registered under Section 140(3) of the BNSS, 2023, added Section 6 of the POCSO Act, 2012, pending in the Court of the learned Addl. Sessions Judge-cum- Special Judge (POCSO), Barpeta. 3. The allegation against the petitioner is commission of penetrative sexual assault upon the victim by the petitioner. The petitioner was arrested on 10.03.2026 and in the meantime, charge sheet has already been submitted. An affidavit has been sworn by the victim and the informant stating her age to be 18 years wherein it is stated that she had love affair with the accused and they have come to a settlement to solemnize marriage between the victim and the petitioner and the victim and the petitioner had attained majority. 4. The learned counsel for the informant/ respondent No. 2 has also submitted that he has no objection in view of the impending marriage. 5. The scanned copy of the TCR including the case diary is received and perused. 6. Having regard to the above as well as the fact that the learned counsel for the informant has no objection for granting bail, further detention of the petitioner may not be necessary. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Barpeta in connection with the aforementioned case. Page No.# 3/3 7. It is provided that the petitioner shall cooperate in the trial as and when trial commences and shall not try to tamper with the evidence or hamper the investigation of the case and shall not intimidate to any persons acquainted with the facts of the case in any manner. 8. The petition stands allowed. JUDGE Comparing Assistant