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2026 DAILYLAW 6550 (GAU)

RAKTIM SAIKIA ALIAS KHAGEN v. THE STATE OF ASSAM AND ANR

Bail Appln./871/2026 · 2026-05-11

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010061432026 2026:GAU-AS:6513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./871/2026 RAKTIM SAIKIA ALIAS KHAGEN S/OLT. DIGANTA SAIKIA R/O VILL- JAPISOJIA,K.B. ROAD, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI. JULI GOHAIN SONOWAL W/O CHANDAN SONOWAL R/O VILL- MOINAPARA P.S. BOGINADI DIST.LAKHIMPUR ASSAM Advocate for the Petitioner : MR S GOGOI, MS A GOGOI Advocate for the Respondent : PP, ASSAM, MS. M K BROWN(AMICUS CURIAE, R2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.05.2026 Heard Mr. S. Gogoi, learned counsel for the petitioner learned Amicus Curiae, Ms. M.K Brown is present for the respondent no.2 and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State is present. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Raktim Saikia @ Khagen, who is stated to have been in custody since 30.11.2025, has prayed for bail in connection with Special (POCSO) Case No.225/2025, registered under Sections 65(1)/137(2) of BNS, R/W Section 4 of POCSO Act (arising out of Boginadi P.S Case No.68/2025), pending in the Court of learned Special Judge,(POCSO), Lakhimpur, North Lakhimpur. 3. The learned counsel for the respondents have raised serious objection against the prayer for bail. 4. It is submitted on behalf of the petitioner that the petitioner is not the prime accused. It is also submitted that the petitioner has been behind bars for a considerable period of time. 5. I have considered the submission that the petitioner is willing to cooperate with the trial. It is also submitted that the petitioner is not a flight risk, as he is a local resident. The petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 6. I have also considered the submissions that the petitioner has been Page No.# 3/3 behind bars for a considerable period of time. It appears that bail may be granted to the petitioner. 7. Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned trial court with following conditions: (i) That the petitioner shall refrain from such activities with which he is alleged; (ii) That the petitioner shall not exercise threats to the victim; (iii) That the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of trial. 8. On breach of any of the bail conditions, bail order shall stand cancelled. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant