Page No.# 1/4 GAHC010192112026 2026:GAU-AS:14188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2625/2026 AMINUL ISLAM S/O LATE ATAUR RAHMAN, R/O HOUSE NO. 1, ISLAMPUR, P.S. PALTANBAZAR, GUWAHATI, DISTRICT KAMRUP (M), ASSAM PERMANENT RESIDENT OF MAGURMARI, P.S. FAKIRAGRAM, DISTRICT KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:BISWAJIT KALITA S/O LATE NABIN CHANDRA KALITA MEMBER OF CWC GOALPARA, R/O NEW DUDHNOI P.S. DUDHNOI DISTRICT GOALPARA ASSA Advocate for the Petitioner : MR. T J MAHANTA, MR. B HUSSAIN,MS S HAZARIKA,MR. A K HUSSAIN Advocate for the Respondent : PP, ASSAM, MR A SHARMA(R2) BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 24.09.2026 Heard Mr. T.J. Mahanta, learned Senior Counsel, assisted by Mr. A.K. Hussain, Page No.# 2/4 learned counsel for the accused. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. A. Sharma, learned amicus appearing for the respondent No.2. 2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Aminul Islam, who has been languishing in jail hazot since 25.06.2026, in connection with Sessions Special Case No.122/2026, under Section 143(3)/144(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 3(1)/4(1)/5(1) of the Immoral Traffic (Prevention) Act, 1956, arising out of Paltanbazar P.S. Case No.166/2026, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Ranjit Kalita (name withheld) of New Dudhnoi, under Dudhnoi Police Station of Goalpara, on 20.06.2026. The essence of allegation, in the FIR, dated 20.06.2026, is that he was informed on 28.05.2026 by the Officer-in- Charge of the Goalpara Sadar Police Station that a minor girl, namely, Smt. X (name withheld), aged 15 years, resident of Owguri Pahar, Bapuji Nagar, Tezpur, had came from Guwahati along with Smt. Bipuna Rabha, a resident of Kharmuja, Goalpara and taken shelter in Kharmuja village. Then, the Child Welfare Committee, Goalpara, had taken custody of the girl and recorded her statement and she reveals that in absence of her parents, she used to stay with her maternal uncle and aunt and due to ill treatment, she left home to find a job and arrived at Fancy Bazar, in Guwahati, and while searching for work, she met an individual, namely, Biki Ali, who promised her to provided a job at a beauty parlour in Ulubari. And arriving at Ulubari, he taught her the beauty parlour works and from the second day, Biki Ali, gave her injection and fed her intoxicating substances with rice and daily Biki Ali sent male person to her room and forced her to have sexual intercourse with that person and she was confined in that house by Biki Ali for approximately 15 days and about 40 nos. of girls staying on the upper floor of the said building and when the customer comes, the girls were asked to stand in line and if anybody makes objection, then that girl was threatened Page No.# 3/4 to be killed and that the victim girl is now being kept at the “Saktishdhan” State Home, located at Bapuji Nagar, Goalpara. 4. Mr. Mahanta, learned Senior Counsel for the accused, submits that the accused was arrested on 25.06.2026, and since then he has been languishing in jail hazot and that the investigation of the case has already been completed and charge-sheet has been submitted, and now pending for trial before the learned Special Judge (POCSO), Kamrup(M), Guwahati. He further submits that though charge-sheet is also submitted under the POCSO Act, yet, the said provision is not attracted in the case of the present petitioner, as he is the owner of a homestay and at best Section 3(1)/4(1)/5(1) of the Immoral Traffic (Prevention) Act, 1956 may be applicable in this case and that the accused is behind the bar since 25.06.2026 and that he will face the trial and will appear before the learned Trial Court on each and every date and under such circumstances, he has contended to allow this application. 5. Per contra, Mr. Borthakur, learned Additional P.P., has vehemently opposed the petition. He submits that the I.O. during the course of investigation has collected sufficient incriminating materials against the accused and that the trial is going on and if the accused is enlarged on bail, then it may cause delay in completion of trial and therefore, he has contended to dismiss the petition. 6. Per contra, Mr. Sharma, learned amicus representing the respondent No.2, submits that the allegation is basically against accused Biki Ali. 7. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned Trial Court. 8. It is not in dispute that the accused was arrested on 25.06.2026 and since then he has been languishing in jail hazot and investigation of the case has already been completed and charge-sheet has been submitted and now the case is pending before Page No.# 4/4 the learned Special Judge (POCSO), Kamrup(M), Guwahati, for trial. Further, considering the statement of the victim girl recorded under Section 183 BNSS and also the materials collected during investigation against the accused, this Court is of the view that his further custodial detention may not be warranted. Accordingly, this Court is inclined to allow this application. 9. It is provided that on furnishing a bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup(M), Guwahati, the accused, namely, Aminul Islam, shall be enlarged on bail. 10. In terms of above, the bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE