Page No.# 1/3 GAHC010003312026 2026:GAU-AS:6113 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./63/2026 WASHIM ALI @ WASHIM HUSSAIN S/O. WUHAB ALI, R/O. DEHAJAN DIKHARI TINIALI, P/S. DEMOW, DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:Rumena Begum W/O- Mofidul Islam Village- Dehajan Habigaon P.S- Demow District- Sivasagar Assa Advocate for the Petitioner : MR A ISLAM, MR. S K M ALOMGIR,MR F HAQUE Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.05.2026 1. Heard learned Counsel Mr. F. Haque for the petitioner Washim Ali @ Washim Hussain who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 22.04.2025 in connection with Special POCSO Case No.24/2025 Special (POCSO) Case No.14/2025 under Section 127 (2)/75(2) of the BNS r/w Sections 8/18 of POCSO Act. 2. Mr. B. Sharma, learned Addl.Public Prosecutor is present for the respondent State and Ms. T. Parashar, learned Amicus Curiae is present for the respondent No.2. 3. The allegation against the petitioner is that he had sexually assaulted the minor victim. 4. It is submitted on behalf of the petitioner that the victim and the petitioner had love affair, despite the fact that the victim is a minor. 5. I have considered the submissions at the Bar. 6. It have also considered that out of 9 witnesses 6 witnesses have already been examined and that the petitioner is willing to co-operate with the remaining part of the trial. The petitioner being a local resident is not a flight risk. 8. After considering the entire aspect of the matter and after perusal of Page No.# 3/3 scanned copy of the TCRs, the prayer for bail of the petitioner is allowed. 9. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable local surety of like amount to the satisfaction of the learned Special Judge, (POCSO), Sivasagar subject to the following conditions: i) That the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of the trial. ii) The petitioner shall not exercise threats to the witnesses. 10. On breach of any of the above conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioners. 11. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant