Page No.# 1/2 GAHC010031192026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./521/2026 MD ASHRAFUL ALI ALIAS ASHRAFUL ALI S/O ABDUL ALI, R/O- VILL MO-1, RAMPUR, P.O AND P.S- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN-787001 VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:MOKIBUL HUSSAIN S/O- AKTAR ALI R/O- VILL- NO 1 RAMPUR P.S AND P.O- NORTH LAKHIMPUR DIST- LAKHIMPUR PIN-78700 Advocate for the Petitioner : MR. C TALUKDAR, K M KALITA,MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, MR. D GOGOI(AMICUS CURIAE) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard the learned Sr. Counsel Mr. S Sarma assisted by T K Bhuyan appearing for the Page No.# 2/2 petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam and Mr. D Gogoi, the learned Amicus Curiae appearing for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Md. Ashraful Ali @ Ashraful Ali @ Asaful Ali has prayed for releasing him on bail as he is now facing trial in connection with Special (POCSO) Case No.86/2025 pending in the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. A minor girl, aged about 15 years, had eloped with the present petitioner. It may be stated that the girl had eloped with the present petitioner on an earlier occasion also. After filing of the charge sheet, the victim girl was examined by prosecution. She became hostile as she failed to support the prosecution case. Even the informant became hostile as he failed to support the prosecution case. 4. The petitioner has spent 373 days in judicial custody. 5. I have considered the submissions made by the learned counsel of both sides. 6. After considering the submissions made by both sides, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. His Bail Application is allowed. 7. It is hereby directed that the petitioner Md. Ashraful Ali @ Ashraful Ali @ Asaful Ali, who is facing the trial before the court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in connection with Special (POCSO) Case No.86/2025, shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 8. With the aforesaid direction, this Bail Application stands disposed of accordingly. JUDGE Comparing Assistant