Page No.# 1/4 GAHC010076532026 2026:GAU-AS:6691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./978/2026 SEMIM AHMED S/O ABDUL AHMED ALIAS ABDUL HAMID R/O VILL POILA UNDER NALBARI PS DIST NALBARI ASSAM PIN 781334 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:SHRI SI KUSHAL DEKA S/O LATE KULEN DEKA R/O GAMES VILLAGE PS GORCHUK DIST KAMRUP M ASSAM PIN-781035 ------------ Advocate for : MR Z KAMAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 14.05.2026 Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. B. Talukdar, learned counsel for the petitioner. Also heard Mr. K. Baishaya, learned Additional Public Prosecutor for the State and Mr. T. Deuri, learned Amicus Curiae for the respondent No. 2/informant. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Semim Ahmed, has prayed for bail in connection with Sessions (Spl.) Case No. 217/2025 (arising out of Gorchuk P.S. Case No. 269/2025) under Section 143(5) BNS, 2023 r/w Section 6 POCSO Act, 2012 and Section 3(2)(a)/4/5(1)(d) of Immoral Traffic (Prevention) Act, 1956, pending before the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup(M). 3. The learned Senior counsel has taken the Court through the depositions of the five witnesses who have been examined so far, including the informant/police official, the alleged victim girls and one other person stated to be living in the locality where the hotel is situated in Guwahati. It is submitted by the learned Senior counsel that the victim girls have not identified the present petitioner during the deposition, though he was present in the court. It is submitted that the prosecution witnesses so far, including the crucial two victim girls (PW2 and PW3) have not implicated the present petitioner who is stated to be the manager of the hotel where the alleged offenses are stated to have taken place. Page No.# 3/4 4. I have perused that aspect of the matter from the deposition of the victims. 5. Ten witnesses are stated to be listed in the charge-sheet out of which five witnesses have been examined, including the two victim girls. The accused was arrested on 27-10-2025. It is stated and submitted that the petitioner is a challenged person suffering from 60% locomotor disability and I have perused the disability certificate annexed with the petition vide Annexure-4, issued by the Health and Family Welfare Department, Nalbari. 6. The learned Additional Public Prosecutor submitted that in the event of bail being considered for the present petitioner, suitable conditions may be imposed. 7. The learned Amicus Curiae has fairly submitted that in the event of bail being granted, suitable conditions may be imposed. 8. I have given my consideration to the matter. In view of the aforesaid narration and discussion and also keeping in mind the disability of the petitioner and the length of detention of the petitioner – I have also considered view that he should be enlarged on bail at this stage. 9. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sessions (Spl.) Case No. 217/2025 (arising out of Gorchuk P.S. Case No. 269/2025) under Section 143(5) BNS, 2023 r/w Section 6 POCSO Act, 2012 and Section 3(2)(a)/4/5(1)(d) of Immoral Traffic (Prevention) Act, 1956, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned Page No.# 4/4 Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup. 10. The direction for bail is further subject to the conditions: (a) That the petitioner shall be available during the remaining trial; (c) That the petitioner shall not hamper or tamper with evidence; and (c) That the petitioner shall not intimidate or harass or try to influence any witnesses. 11. Violation or breach of any condition(s) shall entail cancellation of bail. 12. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant