Page No.# 1/3 GAHC010053102026 2026:GAU-AS:7333 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./785/2026 HABIJUL ISLAM ALIAS HAFIJUL ISLAM S/O JAKIR HUSSAIN R/O ROUMARI GAON, P.S. DHING, DIST.NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KHALIL UDDIN ANCHARY S/O ABDUL MANNAF VILL- ROUMARI P.S. DHING DIST.NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. R A CHOUDHURY, MS S S ZIA Advocate for the Respondent : PP, ASSAM, MR N J DAS, AMICUS CURIAE R2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.05.2026 1. Heard learned Counsel Ms. S.S. Zia for the petitioner Habijul Islam @ Hafijul Islam who has filed this application under Section 483 of the BNSS, 2023 Page No.# 2/3 with prayer for bail as he is behind Bars since 19.08.2025 in connection with Special POCSO Case No.306/2025 arising out of Dhing PS Case No. 203/2025 under Sections 87/64 (1)/351 (2) of the BNS r/w Section 4 of the POCSO Act. 2. The allegation against the petitioner is that he along with his brother kidnapped the victim and confined her in a room and committed sexual assault on the minor victim. 3. The learned Addl.Public Prosecutor Mr.R.J.Baruah is present for the State respondent and has raised serious objection stating that the statement of the victim under section 183 of the BNSS implicates the petitioner. There is a prima facie case which led to submission of charge sheet against the petitioner. 4. On the other hand, learned Counsel for the petitioner submitted that the possibility of trial to commence soon appears to be bleak, as the co-accused is absconding. This case is pending at the appearance stage. It is submitted that there was a love affair between the petitioner and the victim and an agreement has been executed that the petitioner's marriage will be solemnized with the victim when she attains majority. A false case has been slammed against the present petitioner. The petitioner is a young lad whose age is only 19 years old and his bail may be considered as custodial detention may not be required after submission of charge sheet. 5. I have considered the submissions at the bar with circumspection. 6. I have also scrutinized the trial court records as well as the case diary including the statement of the victim under Section 183 of the BNSS. I have also considered the submission that the petitioner is 19 years old and he has pledged to co-operate with the remaining part of the trial. Petitioner is a local Page No.# 3/3 resident and he is not a flight risk. It appears that bail may be granted to the petitioner. 7. Thereby the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- ( Rupees Fifty Thousand only) with one local surety of like amount to the satisfaction of the learned trial court subject to the following conditions: i) The petitioner shall co-operate with the trial as and when required, ii) The petitioner shall not exercise any threats to the witnesses or the victim, iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission. 8. On breach of any of the above conditions, learned trial court is at liberty to cancel bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant