Page No.# 1/3 GAHC010082362026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1118/2026 JAKIR HUSSAIN S/O KHALILUR RAHMAN, R/O VILL CHOTO RUPOHI, PS NAGAON, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:SAHARA KHATUN W/O LATE UMED ALI R/O VILL CHOTO RUPOHI PS NAGAON ASSAM PIN 78200 Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,MD A RAHMAN,A MISHRA,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, TAWHID LASKAR(R2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2026 1. Heard Mr. S. Nawaz, learned counsel for the petitioner Jakir Hussain who Page No.# 2/3 has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 11.03.2026 in connection with Special POCSO Case No. 69/2026 arising out of Nagaon Police Station Case No. 192/2026 under Section 87 of the BNS Act R/W Section 4 of the POCSO Act. 2. Heard Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State and learned counsel Mr. T. Laskar for the respondent No. 2. 3. I have considered the submissions at the Bar with circumspection. 4. Learned Additional Public Prosecutor has submitted that the victim was a minor at the time of the incident aged 17 years and her consent is no consent at all. 5. On the other hand, the learned counsel for the petitioner has submitted that the petitioner and the victim had a love affair and the victim was not of marriageable age and this is the reason why the petitioner did not succumb to the pressure to marry the victim girl. As a result, the petitioner has been roped in connection with this false case. 6. I have scrutinized the Trial Court Records. The petitioner is about 25 years old and the victim was 17 years old. She was at the verge of attaining majority at the time of the incident. 7. The petitioner is a local resident and he is willing to co-operate with the trial. 8. Although, it is submitted by the learned Additional Public Prosecutor that charges are yet to be framed and the case is at the nascent stage of trial, it appears that bail may be granted to the petitioner. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged Page No.# 3/3 on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioner shall not tamper with the evidence, (ii) The petitioner shall not exercise threats to the victim, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 11. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant