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2026 DAILYLAW 4144 (GAU)

AKASH DAS v. THE STATE OF ASSAM AND ANR

Bail Appln./915/2026 · 2026-03-31

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010065852026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./915/2026 AKASH DAS S/O SRI CIVIL DAS, R/O VILL. 1 NO GOROIMARI, P.S. KAMARGAON , P.O. KAMARGAON, DIST. GOLAGHAT, ASSAM 785619 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY PP, ASSAM. 2:SMTI. MANJU DAS W/O SRI PRAFULLA DAS R/O VILL- 1 NO. GOROIMARI GAON P.S. KAMARGAON P.O. KAMARGAON DIST. GOLAGHAT ASSAM PIN-78561 Advocate for the Petitioner : MR. D GOGOI, DEVABRATA SAIKIA,MR SAURADEEP DEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.04.2026 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Ms. S.H. Page No.# 2/3 Borah, learned Additional Public Prosecutor for the State of Assam. This application has been preferred seeking bail for the petitioner, namely, Akash Das, who was arrested pursuant to a Non-Bailable Warrant of Arrest (NBWA) on 21.02.2026 in connection with Special POCSO Case No. 67/2024, arising out of Kamargaon Police Station Case No. 19/2024, initially registered under Section 376AB of the IPC read with Section 6 of the POCSO Act, 2012. Subsequently, after the stage of charge hearing, the case has been framed under Section 376(3) of the IPC along with Sections 6/10 of the POCSO Act, 2012. Earlier, the petitioner had been granted bail by this Hon’ble Court vide order dated 06.02.2026 in Bail Application No. 75/2026, and was accordingly released on bail upon furnishing the requisite bail bond. As per the court records, the matter was fixed for 13.02.2026. However, as per the Golaghat District Judiciary e-Courts service, the next date was reflected as 16.03.2026. It is submitted that, due to the aforesaid discrepancy, the petitioner, under a bona fide belief that the next date of hearing was 16.03.2026, failed to appear before the learned Trial Court on 13.02.2026. Consequently, a Non-Bailable Warrant of Arrest was issued, leading to his subsequent arrest. Since then, the petitioner has been in custody for the last 40 days. Having regard to the facts and circumstances stated above, this Court is of the view that further detention of the petitioner is not necessary. Accordingly, the prayer for bail is allowed. The petitioner is directed to be released on bail upon furnishing a bail bond of Rs.50,000/- with one surety of the like amount, subject to the condition Page No.# 3/3 that he shall regularly appear and participate in the trial proceedings. The bail application stands disposed of. JUDGE Comparing Assistant