Page No.# 1/2 GAHC010089292026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/978/2026 MD GIYAS UDDIN ALIAS GIASUDDIN S/O MD FAKAR UDDIN, R/O VILL BORDOLOI PATHAR, PS LANKA, PO TINIALI BAZAR, DIST HOJAI, ASSAM, PIN 782435 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:MD TAJ UDDIN S/O SANU MIYA R/O VILL BARDOLOI PATHAR PS LANKA DIST HOJAI ASSAM PIN 78243 Advocate for the Petitioner : MR. SURAJIT DAS, MR. B HUSSAIN,MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.05.2026 Heard Mr. S. Das, learned counsel appearing the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023 the petitioner, namely, Md. Giyas Uddin @ Giasuddin, has prayed for pre-arrest bail in connection with Special POCSO Case No. 87 (H)/ of 2023 (arising out of Lanka P.S. Case No. 48/2023) pending in the Court of the learned Special Judge, Hojai. One FIR was lodged before Police wherein it was alleged that an 18 (eighteen) years old girl was forcefully married to a 21 (twenty one) years boy. Police registered a case under different sections of Child Marriage Act as well as under Section 376 of the Indian Penal Code. The Birth Certificate and the Marriage Certificate show that the boy was about 21 years of age at the time of marriage. In spite of that, at the time of filing of charge sheet, Police showed him as absconder in the charge sheet. The petitioner has now submitted before this Court that he is interested to face the trial and for this purpose, he deserves to be given adequate opportunity. I have considered the submissions made by the learned counsel for both the sides. Since the petitioner is ready to appear before the Court and interested to face the trial, an opportunity should be given to him. In view of the above, the petitioner is directed to appear before the Court of the learned Special Judge, Hojai in connection with Special POCSO Case No. 87 (H)/ of 2023 (arising out of Lanka P.S. Case No. 48/2023) within next 10 (ten) days and on his appearance, the learned trial Court shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Hojai. The bail application is disposed of. JUDGE Comparing Assistant