Page No.# 1/3 GAHC010278272025 2026:GAU-AS:653 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4081/2025 SHAHIDUL ALAM CHOUDHURY ALIAS SHAHIDUL ALOM CHOUDHURY AND ANR S/O FARUK AHMED CHOUDHURY, R/O S.A. CHOUDHURY LANE, NAGATILLA, P.S. SILCHAR, DIST. CACHAR, ASSAM AND PERMANENT R/O MAIZGRAM, P.S. SRIBHUMI, DIST. SRIBHUMI, ASSAM, PIN 788710 2: KABIR AHMED CHOUDHURY S/O LATE SAUQAT ALI R/O S.A. CHOUDHURY LANE NAGATILLA P.S. SILCHAR DIST. CACHAR ASSAM AND PERMANENT R/O MAIZGRAM P.S. SRIBHUMI DIST. SRIBHUMI ASSAM PIN 78871 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM 2:SULTANA BEGUM BARBHUIYA W/O FAIZ UDDIN LASKAR PERMANENT R/O SUNDARI PART 1 P.S. KACHUDARAM DIST. CACHAR ASSAM AND PRESENTLY RESIDING AT PESKAR JANGAL KANAKPUR PART 1 P.S. SILCHAR DIST. CACHAR Page No.# 2/3 ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MR. MEHUL SHAH Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 21.01.2026 Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam as well as Mr. S. Nawaz, the learned Amicus Curiae appearing for the Respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners, namely- Shahidul Alam Choudhury @ Shahidul Alom Choudhury and Kabir Ahmed Choudhury have prayed for regular bail in respect of Special (POCSO) Case No.105/2025 pending in the court of learned District and Sessions Judge, Cachar, Silchar. 3. The allegation brought against the petitioners is that they had applied chilly in the vagina of a four year old girl. 4. While filing the charge sheet, the Investigating Officer had mentioned that he had received the medical report of the victim girl. According to the Investigating Officer, he has not yet received the report from the Department of Gynecology and Surgery. 5. Mr. Biswas has submitted that the Investigating Officer has filed an incomplete charge sheet just to deny the petitioners from getting default bail. According to Mr. Page No.# 3/3 Biswas, the incomplete charge sheet is not acceptable in law. According to Mr. Biswas, the charge sheet must contain all the relevant documents. 6. Mr. Baruah has submitted that the Investigating Officer has filed the charge sheet on the basis of the medical report of the victim. According to Mr. Baruah, the Investigating Officer is at liberty to file any other documents in support of his case at a later stage also. 7. I have considered the submissions made by the learned counsel of both sides. 8. The allegation brought against the petitioners is a heinous one and the charge sheet was filed within 60 days. At this stage, the only duty of the petitioners is to face the trial. 9. It is an admitted fact that the victim girl and the petitioners reside within close proximity. Mr. Baruah has submitted that there is all probability that the petitioners might influence the victim girl and her mother. 10. After considering all the aforesaid facts, this Court is of the opinion that the petitioners are not entitled to be released on bail at this stage. Their bail application is rejected and disposed of accordingly. JUDGE Comparing Assistant