Page No.# 1/4 GAHC010054492026 2026:GAU-AS:6509 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./769/2026 MD ATABUR ISLAM ALIAS ATABUR RAHMAN SON OF HASEN ALI R/O PANDHUWA,P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD. SORIFUL ISLAM S/O. Md. Abdul Mozid R/O.- 2 No. Borchala Gaon P.S.- North Lakhimpur District- Lakhimpur Assa Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, MR. A S TAPADER (R2),MOTIUR RAHMAN (R2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 12.05.2026 1. Heard learned Counsel Mr. M.H.Ahmed for the petitioner Md. Atabur Islam @ Atabur Rahman who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 29.08.2025 in connection Page No.# 2/4 with Special (P) Case No. 87/2021 arising out of North Lakhimpur PS Case No.1010/2021 under Sections 342/376 (D) (A)/294 of the IPC r/w Section 4 of the POCSO Act. 2. Mr. R.J.Baruah, learned Addl.Public Prosecutor is present for the State respondent No.1 and learned Legal Aid Counsel Mr. P. Saikia is present for the respondent No.2. 3. Learned Addl.Public Prosecutor and learned Legal Aid Counsel have raised serious objection against the bail prayer of the present petitioner stating that two FIRs have been lodged against the present petitioner by the same complainant. The petitioner is involved in two criminal cases and he is not entitled to bail considering the gravity of the offence. It is also submitted that the statement of the victim recorded under Section 183 of the BNSS clearly implicates the petitioner. The victim was examined as PW2 and she is yet to be cross-examined. Enlarging the petitioner on bail will be a threat to the victim and she will be hesitant to depose evidence against the petitioner. 4. Per contra , learned counsel for the petitioner laid stress in his argument that the prime accused has already been enlarged on bail in connection with the case. The victim is already married to the accused No.1 and the present accused has also been named as accused No.2 in the FIR which is registered as North Lakhimpur PS Case No.1010/2021. It is submitted that the petitioner will abide by any stringent bail conditions if imposed upon him. The petitioner is innocent. It is submitted that the victim and the accused No.1 had a love affair and the victim eloped with the accused No.1 and the petitioner has been falsely roped in connection with this case . Page No.# 3/4 5. I have considered the submissions at the bar with circumspection. I have also considered the submission that the petitioner is willing to abide by any stringent conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk. The petitioner has also pledged to co-operate with the trial. In view of my foregoing discussions, the bail prayer of the petitioner is allowed 6. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable local surety of like amount to the satisfaction of the learned Trial Court subject to the following conditions: i) That the petitioner shall not go near the vicinity of the victim, ii) The petitioner shall not exercise threats to the witnesses and iii) That the petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the above conditions, the learned Trial Court is at liberty to immediately cancel the bail granted to the petitioner. 8. In terms of the above observations, the bail application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant