Page No.# 1/4 GAHC010269952025 2026:GAU-AS:672 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3940/2025 ATABUR RAHMAN S/O LATE JONAB ALI R/O SAGUNBAHI P.S. MOIRABARI DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ADITH BORO S/O TRIBENDRA BORO S.I. OF POLICE DHING POLICE STATION DIST. NAGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.01.2026 Heard Mr. S.M. Abdullah P, learned counsel, appearing for the petitioner. 2. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 3. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Atabur Rahman, in connection with the Special POCSO Case No. 179/2024 arising out of Dhing P.S Case No. 162/2024 u/s 61(2)/126(2)/137(2)/74/70(2)/109/238 of BNS, 2023 r/w section 6 of POCSO Act, which is pending in the Court of learned Special Judge, POCSO, Nagaon, Assam. 4. The petitioner was taken into custody on 21.07.2025. 5. The learned counsel for the petitioner has submitted that the petitioner is the brother-in-law of one of the accused who was alleged to have committed the offence and as per the charge-sheet, the allegation against the present petitioner is that the bike used by the accused was found in the dismantled condition from his possession. 6. The learned counsel for the petitioner has submitted that the allegations under the POCSO Act are not admissible to him and further, two of the prime accused has been granted bail and one has met his demise. 7. In the circumstances, keeping in view the fact that the statement of the victim has already been recorded, he has prayed for being granted the privilege of bail. Page No.# 3/4 8. The learned Additional Public Prosecutor has opposed the prayer for bail stating that the matter is of serious nature and granting bail at this point of time may enable the petitioner to hamper and tamper the further evidence which is required to be recorded in the matter. 9. The trial court records received have been perused. 10. In the circumstances, this Court is of the opinion that the petitioner can be allowed the privilege of bail. Accordingly, this Court, therefore, directs that the petitioner be released on bail on furnishing a bond of Rs. 30,000/- with two suitable sureties of the like amount to the satisfaction of the learned Special Judge, POCSO, Nagaon, Assam subject with following conditions : (i) The petitioner shall not leave the territorial jurisdiction of the Learned Special Judge without prior written permission; (ii) The petitioner shall not hamper and tamper with the evidence of the case; (iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to the victim or family or any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iv) The petitioner shall appear the learned trial court as and when required to do so without fail; (v) The Learned Special Judge shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation; Page No.# 4/4 11. The Bail Application stands disposed of. JUDGE Comparing Assistant