Page No.# 1/3 GAHC010035732026 2026:GAU-AS:4405 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./565/2026 MD SAHARUL ISLAM S/O MD. ALTAB ALI VILL- GORE MATIKHUWA (RUPOHI) P.S. RUPAHI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MAMONI BEGUM W/O AJIJUR RAHMAN VILL- TELIYA CHAPORI RUPAHI P.S. RUPAHI DIST. NAGAON ASSA Advocate for the Petitioner : MD B ISLAM, MR. S UDDIN,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, MR R A AHMED(R2),MR A ALAM(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 27-03-2026 Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam for the State respondent and Mr. R.A. Page No.# 2/3 Ahmed, learned counsel appearing for the informant/respondent No.2. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner namely, Md. Saharul Islam, seeking bail in connection with POCSO Case No.128/2025 arising out of Mikirbheta P.S. Case No.78/2025 under Sections 140(3) of BNS added Section 64(2)(m) of BNS read with Section 6 of the POCSO Act, which is pending in the Court of learned Special Judge (POCSO), Morigaon. 3. The allegation against the petitioner as reflected in the FIR is that the minor daughter of the informant eloped with the present petitioner and stayed at different places, where they lived as husband and wife and subsequently, after about 1 ½ months, on the asking of the mother, the victim came back. Subsequently, the FIR was lodged and after investigation, charge-sheet has been submitted and the trial has also commenced. 4. The informant as well as the victim have already been examined in the trial. 5. The learned counsel appearing for the informant/ respondent No.2 submits that the informant has got no objection if the petitioner is allowed to go on bail at this stage. The informant, as PW-1, has also stated in her examination that she has got no objection if the accused petitioner is allowed to go on bail. 6. Having regard to the period of detention of 280 days and the fact that the main witnesses including the victim had already been examined, the prayer for Page No.# 3/3 bail is allowed. 7. Accordingly, it is provided that the petitioner, named above, shall be released on bail of Rs.40,000/- (Rupees Forty Thousand) with 2(two) sureties of the like amount to the satisfaction of the learned Trial Court in connection with the aforementioned case. 8. The direction for bail is further subject to the conditions that the accused petitioner – (1) shall regularly participate in the trial ; and (2) shall not try to influence the remaining witnesses of the case. 9. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant