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2026 DAILYLAW 17200 (GAU)

MOINUDDIN SHEIKH v. THE STATE OF ASSAM AND ANR

Bail Appln./3565/2025 · 2026-01-07

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010240272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3565/2025 MOINUDDIN SHEIKH S/O JAMSER ALI, VILLAGE P.O JALABARI, P.S- BAGRIBARI, DISTRICT- KOKRAJHAR (BTAD), ASSAM, INDIA, PIN CODE- 783348. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:Samsul Hoque S/O- Late Tagru Sheikh Vill - Lalmathi Part-II P.O. - Jalabila P.S. - Bagribari Dist - Kokrajhar (BTAD) Assam Pin Code- 783348 Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY, AMICUS CURIAE FOR R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.01.2026 1. Heard Mr. J. M. Sulaiman, learned counsel appearing for the accused petitioner. Also heard Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the Page No.# 2/3 State respondent No.1 and Mrs. R. Choudhury, learned counsel appearing for the respondent No.2. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Moinuddin Sheikh seeking bail in connection with Bagribari PS Case No. 127/2021 which after completion of investigation was charge-sheeted and resulting in Special Case No.38/2021 under Section 376 IPC R/W Section 4 of POCSO Act . 3. The accused was in custody since 21.03.2025. 4. Scanned copy is received. 5. It is submitted that ten witnesses have been examined so far including the alleged victim girl and the informant. However, it appears that prosecution evidence has not yet been closed. 6. Considering the progress of trial and also the length of detention, the petitioner is allowed to go on bail. 7. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioners: (a) shall be available for trial, if one commences. (b) shall not hamper or tamper with the evidence. (c) shall not in any manner cause any harassment or harm to the victim girl. 8. Violation of any of the bail condition will entail cancellation of bail. Page No.# 3/3 9. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant