Page No.# 1/3 GAHC010039472026 2026:GAU-AS:3792 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./586/2026 SHRI HEMLAL ADHIKARI AND ANR S/O LATE GANGARAM ADHIKARI, R/O VILL- DOOLAHAT BAZAR, P.O. DOOLAHAT, PIN-787023, P.S. LALUK, DIST. LAKHIMPUR, ASSAM 2: SHRI DABENDR ADHIKARI S/O LATE GANGARAM ADHIKARI R/O IVLL- DOOLAHAT BAZAR P.O. DOOLAHAT PIN-787023 P.S. LALUK DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:GHANA MAYA ADHIKARI W/O RAJU ADHIKARI R/O DOOLAHAT BAZAR P.O. DOOLAHAT PIN-787023 P.S. LALUK DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, MR. M ALAM(R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.03.2026 Heard Mr. P. Bordoloi, learned counsel for the accused-applicants. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State respondent No. 1; and Mr. M. Alam, learned counsel for the respondent No. 2/informant. 2. This is an application filed under Section 483 of BNSS, 2023 praying for grant of bail to the accused-applicants in connection with Special (POCSO) Case No.202/2025, registered under Sections 137/75(2)/79 of BNS, 2023 read with Section 12 of the POCSO Act, 2012. 3. The gist of allegation against the accused-applicants as narrated in the FIR dated 03.10.2025 is that the minor daughter of the informant went missing on 01.10.2025 and the informant prayed for investigation in the matter. It is seen that the victim girl was recovered after 20 days of the alleged incident and thereafter, the accused-applicants were arrested by police in connection with the aforementioned case. Charge-sheet in the instant case was filed and the case being Special (POCSO) Case No.202/2025, is pending before the Court of learned Special Judge (POCSO), Lakhimpur. 4. Mr. Bordoloi, learned counsel for the accused-applicants submits that the earlier bail application filed by the accused-applicants has been rejected by this Court on 03.12.2025. He submits that the trial has proceeded and the prosecution has already examined the P.W.1, i.e., the informant and P.W.2, i.e., the victim girl. He submits that both the informant and the victim girl were declared as hostile before the learned trial Court while the trial is going on. In view of the aforesaid, he submits that the accused-applicants should be granted Page No.# 3/3 bail as nothing has come out during the trial proceeding till now and the accused persons have been falsely alleged by the informant. 5. Mr. Alam, learned counsel for the respondent No. 2/informant submits that he does not have any objection in granting bail to the accused-applicants. 6. Considering the aforesaid submissions as well as considering the facts and circumstances and materials brought before this Court, this Court is of the considered opinion that this is a case where bail should be granted to the accused-applicants. 7. Accordingly, it is directed that the accused-applicants shall be released on bail on furnishing a bond of Rs. 30,000/- each with surety of like nature to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, subject to the following conditions: (i) That the accused-applicants shall appear before the learned trial Court whenever they are required. (ii) The accused-applicants shall not try to influence any witness that may be involved in the instant case. (iii) The accused-applicants shall not try to get in touch either with the informant or the victim girl during the trial process. 8. In terms of the aforesaid direction, this bail application stands disposed of as allowed. JUDGE Comparing Assistant