Page No.# 1/5 GAHC010272682025 2026:GAU-AS:2564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3963/2025 ARIFUL ALI S/O IMAN ALI, RESIDNET OF VILLAGE HAHCHARA, PO BAGODI, PS AND DIST BARPETA, ASSAM 781309 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SRI DEVI DAS W/O SRI BRAJEN DAS RESIDENT OF PRESENT ADDRESS SANDHAYACHAL NAGAR KHONGKHOWA GAON LALMATI PS BASISTHA PO BASISTHA DIST KAMRUPM ASSAM 78102 Advocate for the Petitioner : MR. J AHMED, MR. R ISLAM,MS A HUSSAIN,R KHANOM,H G DAISY Advocate for the Respondent : PP, ASSAM, DARAK ULLAH, AMICUS CURIAE R2 BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 19.02.2026 Heard Mr J Ahmed, learned counsel appearing for the applicant. Also heard Mr B Page No.# 2/5 Sharma, learned Additional Public Prosecutor for the State and Mr Darak Ullah, learned Amicus Curiae, appearing for the respondent No. 2. 2. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for granting bail to the applicant, namely, Ariful Ali, in connection with Sessions Special Case No. 221/2025, under Sections 87 of the BNS, 2023, read with Section 4 of the POCSO Act, pending in the Court of Special Judge, POCSO, Kamrup (Metro), arising out of Basistha PS Case No. 408/2025. 3. The brief facts of the case is that one Devi Das lodged an FIR on 08.06.2025, before the Officer-In-Charge of Basistha Police Station, alleging, inter alia, that on 08.06.2025, at about 08:30 AM, her minor daughter aged about 17 years namely-‘X’ came out from the house situated at Lalmati, Kongkhowa Hill area for some work, but she had been missing and her mobile number was also found switched off. Accordingly, on receipt of the FIR, a case being Basistha PS Case No. 408/2025, under Section 87 of the BNS, 2023, was registered and, thereafter, Section 4 of the POCSO Act was added. 4. The learned counsel for the applicant has submitted that the applicant was arrested on 21.09.2025 from Bengaluru and he was, thereafter forwarded to the Court of learned CJM, Kamrup (Metro), Guwahati, on 27.09.2025, and the learned Court below remanded the petitioner to jail hazot and till date, he is in jail hazot. 5. After completion of the investigation charge sheet was submitted vide Charge Sheet No. 474 dated 31.10.2025, under Section 87 of the BNS, 2023, read with Section 4 of the POCSO Act. Thereafter, vide order dated 26.11.2025, Sessions Special Case No. 221/2025 was registered and transferred to the Court of the learned Special Judge, POCSO, Kamrup (Metro). After receiving the case record from transfer, the learned Special Judge (POCSO), took cognizance against the applicant under Section 87 of the BNS, 2023, read with Section 4 of the POCSO Act and the applicant was produced before the Court on 27.11.2025 and necessary copies were furnished to the applicant and the matter was fixed on 06.12.2025, for production/CC. The applicant filed an Page No.# 3/5 application for bail being BA No. 629 of 2025, before the concerned Court, but the same was rejected on 27.11.2025. 6. The learned counsel for the applicant submits that the applicant is innocent and he is in no way involved in connection with the case and he has been falsely implicated in the case. 7. It is also submitted that the applicant is a permanent resident of Village-Hahchara, PO - Bagodi, PS – Barpeta, District- Jirighat Cha Bagicha Pt-I, PS-Jirihghat, District- Cachar, Assam. The applicant had filed one bail application before the learned Sessions/Special Judge, Cachar, and the same was rejected on 27.11.2025. 8. The learned counsel for the applicant further submits that Section 4 of the POCSO Act will not be attracted in this case since at the time of commission of the offence, the victim was a major and aged about 20 years and the charges levelled against the petitioner are absolutely false. The applicant has been falsely implicated in this case. Accordingly, the learned counsel for the applicant submits that the petitioner undertakes to abide by any stringent conditions that may be imposed upon him by this Court and accordingly, prayed that he may be enlarged on bail in the interest of justice and fairness. 9. It is further submitted by the learned counsel for the petitioner that the petitioner is ready to participate and cooperate with the trial and has also undertaken to appear before the learned trial Court as and when required. The petitioner has deep roots in the society and, therefore, the is no possibility of his jumping bail. 10. The learned Additional Public Prosecutor has opposed the bail prayer made on behalf of the applicant and has submitted that the present bail application does not merit consideration. 11. I have considered the submissions made by the learned counsel appearing for both the parties. I have also perused the scanned copies of the Trial Court Record. The depositions of PW-1 and PW-2, i.e., the victim and informant have also been perused. Page No.# 4/5 12. In view of the submissions made and keeping in view the facts and circumstances of the case, this Court is of the opinion that the petitioner be granted the privilege of bail. Accordingly, this Court directs that the petitioner be released on bail on his furnishing a bail bond of Rs. 2 lacs, with 2 (two) sureties of the like amount, one of whom should be a Government Servant and residing within the State of Assam, to the satisfaction of the learned Special Judge (POCSO), Kamrup (Metro), subject to the following strict conditions to ensure his participation in the trial:- (i) The petitioner shall remain personally present before the Trial Court on each and every date fixed, unless exempted for sufficient cause. (ii) That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts from the trial pending against the petitioner. (iii) That the petitioner shall not leave the territorial jurisdiction of the Court without prior permission. (iv) The petitioner shall not try to contact the victim or the informant in any manner, whatsoever, till conclusion of the trial. (v) The petitioner shall appear before the learned Special Judge (POCSO), as and when directed to do so; (vi) the Learned Special Judge (POCSO), shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial. (vii) The petitioner shall not engage in any illegal activity of similar nature in the future. (vi) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a Page No.# 5/5 recall/cancellation of bail. 13. In the event, the petitioner defaults in appearing before the learned Trial Court, on a date, which may be fixed by the learned Trial Court, the learned Trial Court would be at liberty to form its own opinion whether there has been an attempt to delay the trial proceedings and to consider cancellation of the bail. 14. With the aforesaid observations and directions, this Bail Application stands disposed of. JUDGE Comparing Assistant