Page No.# 1/4 GAHC010018282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./316/2026 MD HASAN ALI SON OF LATE SAMSUL HOQUER/O 1 NO. BHANDARA GAON P.S. MANIKPUR DIST. BONGAIGAON, ASSAM PIN-783392 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM 2:MANESWARI MUSHAHARY @ THEKALI MUSHAHARY W/O BIJU MUSHAHARY R/O NAMPHAI FOREST GAON TAPU JAGUNP.S. LEKHAPANI DIST. TINSUKIA ASSA Advocate for the Petitioner : MR. A K AZAD, H ALAM,MS S DEVI Advocate for the Respondent : PP, ASSAM, MR. A K AZAD(R2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.04.2026 Heard Mr. A K Azad, learned counsel for the petitioner. Also heard Mr. R J Baruah, learned Addl. P.P for the State of Assam and Mr. A Karim Azad, learned Amicus Curiae representing the informant. 2. This is an application filed under Section 483 BNSS, 2023 praying for granting of bail to the accused/petitioner in connection with Lekhapani P.S Case No. 56/2024 corresponding to Special (POCSO) Case No. 138/2024 offence under Section 64(1) of BNS r/w Section 6 of POCSO Act, pending in the Court of Special Judge (POCSO) cum Addl. Sessions Judge, Tinsukia. 3. The allegation against the petitioner is that on 01.10.2024 the informant namely, Thekali Mushahari, @ Maneswari Mushahary had lodged an F.I.R alleging inter-alia that on 29.09.2024 when the complainant went for registering her ration card, her daughter Miss Binita Muchahari (13y) went to her elder sister’s house at Dharmendra Ita Bhata and since then she did not return home. In the next morning it is known that the petitioner lifted her in a motor cycle and raped the victim girl at his rented room of Jugli Ita Bhata. Hence, the F.I.R. 4. The petitioner was arrested on 02.10.2024 and since then he has been in custody. In the meantime, the charge sheet was submitted, and after framing of charge, the trial commenced and is now at the stage of arguments. But due to a vacancy in the court, the arguments could not be conducted for the last eight months. Page No.# 3/4 5. This second bail application has been preferred on the ground of violation of Sections 47 and 48 BNSS. 6. It is stated that the petitioner was arrested by the Lekhapani police and informed the petitioner through a notice under Section 47 of BNSS, dated 02.10.2024 without assigning any reason and the ground of arrest. The petitioner is an illiterate person and the notice was served under Section 47 of BNSS in English Language and notice under Section 48 of BNSS has not been served which is mandatory by authority passed in Pankaj Bansal Vs. Union of India & Ors. reported in 2024 7 SCC 579 Prabir Purkayastha Vs. State (NCT of Delhi) reported in 2024 8 SCC 254. 7. Upon perusal of the case record, including the notice under Sections 47 and 48 BNSS, it is seen that no ground for arrest has been mentioned therein. Even the arrest memo does not disclose the grounds of arrest. 8. In view of the above, there is a clear violation of the constitutional mandate as explained in Prabir Purkayastha (supra) where it has been held as follows: ‘21. The right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution of India and any infringement of this fundamental right would vitiate the process of arrest and remand. Mere fact that a charge-sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to the accused.’ 9. In view of the above, the prayer of bail for the accused/petitioner is allowed. 10. The accused/petitioner shall be released on bail with a bail bond of Rs. Page No.# 4/4 50,000/-with two sureties of the like amount subject to the satisfaction of the learned Court of Special Judge (POCSO) cum Addl. Sessions Judge, Tinsukia. 11. The petitioner is granted bail under the condition that the petitioner shall regularly appear before the learned Trial Court. 12. Bail petition stands disposed of accordingly. JUDGE Comparing Assistant