Page No.# 1/4 GAHC010093562026 2026:GAU-AS:7474 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1237/2026 ASMINA KHATUN @ ASHMINA KHATUN W/O. NASIR UDDIN @ MD. NASHIR UDDIN, VILL.- BHURAGAON, DIST. MORIGAON, ASSAM, PIN-782121 PRESENT ADDRESS VILL.- KADAMTOLI, KAHIKUCHI, P/O. TOPATOLI, P/S. KHETRI, DIST. KAMRUP 9M), ASSAM, PIN-782403 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM. 2:MALEK S/O. ABDUL KHALEK R/O. VILL.- TOPATOLI KADAMTOLI P/O. TOPATOLI P/S. KHETRI DIST. KAMRUP 9M0 ASSAM PIN-78240 Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID Advocate for the Respondent : PP, ASSAM, MR. A A MONDAL(R2),MR A ALAM(R2),MD B ISLAM(R2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 29.05.2026 Heard Mr. A.A. Dewan, learned counsel for the petitioner; Md. B. Islam, learned counsel for respondent no.2 and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Asmina Khatun @ Ashmina Khatun, has prayed for bail in connection with Khetri P.S Case No. 31/2026, corresponding to G.R. No.1372/2026, registered under Sections 142/65(1)/49 of BNS, 2023, R/W Section 6/17 of POCSO Act. 3. The allegation against the petitioner is that she, along with Maina, induced the victim “X” to go to the house of Monjirul, who thereafter allegedly kidnapped her and left her brother on the road. It is further alleged that the victim “X” was confined in the house of Monjirul, where he committed sexual assault upon the victim “X”. 4. The learned counsel for the respondent no.2 and the learned Additional Public Prosecutor has raised objection. 5. It is submitted by the learned Additional Public Prosecutor that there are incriminating materials in the case diary against the petitioner. Page No.# 3/4 6. On the other hand, the learned counsel for the petitioner has submitted that the petitioner has two minor children who are suffering immensely as the petitioner is behind bars. It is also submitted that although the victim is a minor, the statement of the victim is false and a concocted story has been projected by the victim. It is also submitted that the petitioner is innocent. 7. I have scrutinized the case diary. 8. It is revealed from the case diary that there are incriminating materials against the petitioner. 9. I have considered the length of detention. It appears that further detention may not be required for the progress of investigation. The petitioner has pledged to abide by any bail conditions, if imposed upon him. 10. 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 Jurisdictional Court with following conditions: (i) the petitioner shall cooperate with the investigation; (ii) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (iii) the petitioner shall not exercise threats to the witnesses Page No.# 4/4 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Send back the case diary. 13. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant