Page No.# 1/3 GAHC010033402026 2026:GAU-AS:6400 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./540/2026 AMINUR RAHMAN S/O JOHOR ALI R/O VILL- SONAPUR CHARIALI, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD. SAHIDUL ISLAM S/OMD. AYUB ALI R/O VILL- BALIJAN P.S. LALUK DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2,MR. F A HASSAN(R2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 11.05.2026 Heard Mr. B. Choudhury, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Learned Amicus Curiae, Ms. T. Parasar, is present for the respondent no.2 and learned counsel, Mr. F.A Hassan is present for the respondent no.2. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Aminur Rahman, has prayed for bail in connection with Special (POCSO) Case No. 5/2026, pending before the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur corresponding to Laluk P.S Case No.1/2026 under Section 329(4)/64(2)(m) of BNS, R/W Section 6 of POCSO Act. 3. The allegation against the petitioner is that he committed sexual assault on the victim “X”. 4. It is submitted on behalf of the petitioner is that petitioner and the victim had a love affair. The petitioner was 19 years old whereas the victim was aged 17 years 4 months, on the date of the alleged incident. The victim has now attained majority. 5. It is further submitted that the parents are contemplating solemnization of marriage between the victim and the petitioner. It is also submitted that further custodial detention of the petitioner may not be required. 6. Considering the submissions at the Bar as well as the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.30,000/- Page No.# 3/3 (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 7. The learned trial Court may impose such conditions as may be necessary to secure the attendance of the petitioner. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant