Page No.# 1/3 GAHC010268012025 2026:GAU-AS:59 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3935/2025 AMINUL SIKDAR S/O ABDUL KUDDUS SIKDAR R/O - VILLAGE- TUPKARCHAR, P.S- MERERCHAR, P.O - KIRTONPARA, DIST- BONGAIGAON, ASSAM, PIN- 783384 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:EUNUS ALI S/O LATE SOIRUDDIN SHEIKH R/O -VILL- HALDIBARI PART - II P.O -TOPGAON P.S- MERERCHAR DIST- BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MD. S ALOM, MR. M S ALAM,MS. A BEGUM Advocate for the Respondent : PP, ASSAM, A N HUSSAIN (R-2),MRS. B GOGOI(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.01.2026 1. Heard Md S. Alom, learned counsel for the peititioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor and Mrs. B. Gogoi, learned counsel for the respondent No. 2. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for grant of bail to Aminul Sikdar, in connection with Mererchar P.S. Case No. 40/2025 (G.R. No. 376/2025) under Sections 81,65,351(3), 107/ 3(5) of BNS read with Section 6 of the POCSO Act, 2012. 3. As per the allegations mentioned in the FIR, the accused No. 1 established physical relationship with the victim aged about 16 years promising to marry her but subsequently, the accused No. 1 on the advice of the accused No. 2 started avoiding the victim and as a result of the same, the victim had committed suicide by hanging herself. The victim had also left a suicide note in her Mobile Phone, copy of which is furnished. 4. Upon perusal of the postmortem report, it appears that the victim died due to suicidal hanging, although final report has been kept pending for FSL report. 5. Upon perusal of the Case Diary, it appears that the victim was in a love relationship with the accused No. 1 and the said fact is admitted by the petitioner. It is the contention of the petitioner as stated in the instant application that the petitioner was waiting for the deceased to attain the age Page No.# 3/3 of maturity before marrying her. 6. Further, the material available in the Case Diary does not indicate any willful instigation by the accused No. 1/petitioner as a result of which the victim was driven to commit suicide. Furthermore, the petitioner has been in detention since 08.10.2025 and considering the progress of the investigation, the further detention of the petitioner is not warranted. 7. Accordingly, the prayer for bail is allowed. 8. The petitioner abovenamed shall be released on bail of Rs. 20,000/- with 1 surety of like amount to the satisfaction of the learned Elaka Magistrate. Bail is granted on the condition that the accused shall co-operate with the investigation and shall not intimidate or influence the witnesses in any manner. 9. Bail Application stands disposed of accordingly. 10. Send back the Case Diary. JUDGE Comparing Assistant