Page No.# 1/3 GAHC010233812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3495/2025 JAMIL HUSSAIN S/O ABDUL JABBA R/O VILL- USHNABAJ, P.S. BADARPUR DIST. SRIBHUMI, ASSAM PIN-788802 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:KUBADUR RAHMAN R/O VILL- DEUWARGOOL P.S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788802 Advocate for the Petitioner : MR. S C BISWAS, B KALITA,MS. R DEVI,MS. J GHOSH,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, MR D GOGOI, AMICUS CURIE (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.01.2026 1. Heard Mr. F.A. Hassan, learned counsel for the petitioner. Also heard Ms. Page No.# 2/3 M. Das, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Jamil Hussain, who has been detained behind the bars since 26.09.2025 in Badarpur PS Case No.55/2025 in correspondence with GR Case No.431/2025, under Section 70(2) of BNS, 2023 read with Section 6 of the POCSO Act, 2012. 3. The learned Additional Public Prosecutor submits that the case diary has not been received and prays for some more time for production of the case diary. 4. However, the learned counsel for the petitioner has submitted that the petitioner in this case was arrested on 26.09.2025 and he has already completed the statutory period of the detention and has been detained behind the bars for last 102 days and therefore he has submits that the petitioner is entitled to get default bail. 5. The learned Additional Public Prosecutor has submitted that she has been informed by the Investigating Officer that charge-sheet has not yet been filed and the case is still pending for investigation. 6. Considering the submission made by the learned counsel for the petitioner as well as learned Additional Public Prosecutor, since the charge- sheet has not yet been filed and since the petitioner has completed the maximum statutory period of detention of 90 days in this case, he is entitled to get default bail. 7. Accordingly, the petitioner is allowed to go on bail of Rs.50,000/- with one surety of like amount subject to the satisfaction of the learned Special Judge (POCSO), Sribhumi with following conditions: i. That the petitioner shall not directly or indirectly make any Page No.# 3/3 inducement, threat or promise to the victim girl or to the witnesses or any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; ii. That the petitioner shall co-operate in the Investigation. 8. This bail application is accordingly disposed of. JUDGE Comparing Assistant