Page No.# 1/4 GAHC010004542026 2026:GAU-AS:3837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./121/2026 SADDAM ALI SON OF LT. SAHAJUDDIN ALI R/O PANJABARI, NABAJYOTI SHANTI NAGAR, SATGAON, GUWAHATI, P.S. SATGAON, P.O. SATGAON, KAMRUP (M), PIN- 781027 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PABITRA RABHA W/O BIMAL RABHA R/O SHIVA MANDIR PATH PANJABARI BOTAHGHULI SATGAON GUWAHATI KAMRUP (M) PIN- 78102 Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, GHUKHA CHOPHY(R2),MS M MEDHI(R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date :16-03-2026 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional PP for the State and Mr. Ghukha Chophy, learned counsel for the informant. 2. The petitioner herein is seeking regular bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 in connection with Satgaon PS case no. 55/25 under section 137(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offence Act, 2012 corresponding to Sessions (Spl) case no. 157/2025 pending in the court of Special Judge (POCSO), Kamrup (M). He was arrested on 15.08.2025. 3. The case was registered based on an FIR dated 21.03.2025. The main allegation in the FIR is that the accused person and another committed rape upon the 2 (two) girls mentioned in the FIR. The investigation resulted in a chargesheet and subsequently Sessions (Spl) case no. 157/2025 was registered and presently it is at the stage of trial, during which 2 (two) witnesses were stated to have been examined including the victim girl. It is submitted that with regard to the other victim girl, a separate trial is in process. 4. The learned counsel for the petitioner submits that notices under section 47/48 BNSS have not complied with the requisite standards. It is also submitted that the petitioner aged about 23 years is under prolonged Page No.# 3/4 detention since his arrest in mid August, 2024. The learned counsel also taking note of the deposition contended that the allegation of the commission of rape is false. It is submitted by the learned counsel that the accused and the girl were having a love affair. The learned counsel for the informant does not dispute the contention regarding the love affair, and he submits that necessary orders may be passed. 5. The scanned copy of the TCR has been received. 6. The learned Additional PP submits that from the deposition and the statements of the victim girl, it shows the commission of sexual assault against the will of the girl. It is submitted that although the victim has been examined but the trial is in progress and submits that the bail should not be granted, at this stage. 7. I have considered the submissions and the rival submissions of the learned counsels. 8. So far as the notices are concerned, I have perused the notices under section 47/48 BNSS and on perusing the grounds of arrest incorporated therein, I am of the view that these meet the requisite standards. So far as other aspects are concerned, though the victim girl has indicated about love affair, but at one point she has indicated about the lack of consent. It also emerges from the testimony of the informant that the case was lodged due to pressure by the villagers. Considering the aforesaid aspect of the matter, including the examination of the victim and the length of detention, I am of the considered view that perhaps the accused can be granted bail at this stage. Page No.# 4/4 9. Accordingly, the accused/petitioner, Saddam Ali, is allowed to go on bail on furnishing a bail of Rs. 40,000/- (rupees forty thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions that: (i) he shall cooperate with the investigation. (ii) he shall be available for remaining trail. (iii) he shall not hamper or tamper with the evidence. (iv) he shall not intimidate /harass or harm the informant/victim side or try to influence any witnesses. 10. Violation of any bail conditions will entail cancellation of the bail. 11. Accordingly, this instant anticipatory bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant