Page No.# 1/3 GAHC010262082025 2026:GAU-AS:101 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3851/2025 ANUP KR HAZARIKA ALIAS ANUP HAZARIKA SON OF LATE PRAFULLA HAZARIKA RESIDENT OF VILL-KARIGAON, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMTI. SONALI MAJHI W/O BABULAL MAJHI RESIDENT OF SERELIA PATHAR P.O. AND P.S. BEHALI DIST. BISWANATH ASSAM PIN-784167 Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS P DAS,MR. M ALAM Advocate for the Respondent : PP, ASSAM, MR. P BORDOLOI (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.01.2026 Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State and Mr. P. Bordoloi, Page No.# 2/3 learned counsel for the respondent No.2. 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, Sri Anup Kumar Hazarika @ Anup Hazarika who was arrested on 19.08.2025 in connection with Special (POCSO) Case No. 181/2025 (Corresponding G.R. No. 801/2025. Corresponding North Lakhimpur P.S. Case No. 294/2025) under Section 64(2)(f)/64(2)(m)/65(1) of BNS, 2023 is seeking bail. 3. The brief of the Case is that on 18/08/2025, one Sonali Majhi, W/O- Babulal Majhi, Vill- Serelia Pathar, PS- Behali, Dist- Biswanath Assam lodged an FIR at Behali Police Station alleging that the accused namely Anup Hazarika, S/O Late Prafulla Hazarika, Village Karigaon, PS- North Lakhimpur, District- Lakhimpur, Assam had taken her minor daughter namely Brinda Moni Majhi, age-l 6yrs about three years ago on the pretext of providing her education at his residence. On 610/08/2025, the accused brought Brinda Moni Majhi back to her own home and later on 18/08/25 he again came to Brinda Moni Majhi's house to take her along with him. However, the victim refused to go with him, and she ran away from the house, and disclosed to her sister-in-law that the accused had inappropriately touched her body and breast and had made several attempts to engage in physical relation with her. 4. The case has already been charge-sheeted and charge has also been framed against the accused persons under Sections 64(2)(f)/64(2)(m)/65(1) of BNS R/W Section 6 POCSO Act and Section 14(1A) of CALPARA Act. 5. The trial has also commenced and the informant as well as victim have been examined and upon perusal of their evidence it appears that both of them have turned hostile. In the meantime, the accused has been languishing in Page No.# 3/3 custody 140 days as of today. 6. Considering the above, the prayer for bail is allowed. 7. The accused-petitioner, Sri Anup Kumar Hazarika @ Anup Hazarika, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned trial Court in connection with the aforesaid case. 8. It is further provided that the petitioner shall regularly appear before the trial Court. 9. Accordingly, the bail petition is disposed of. JUDGE Comparing Assistant