Page No.# 1/3 GAHC010077662026 2026:GAU-AS:7703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1082/2026 ROBIUL ALAM SON OF ANARAT ALI R/O HALODHBARI, P.S. MORIGAON, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MISS. JERIFA AFTAR D/O MD. JIAUR RAHMAN R/O MIKIRGAO MIKIRBHETA P.S. MIKIRBHETA DIST. MORIGAON ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I A HAZARIKA,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, MS. P DAS, AMICUS CURIAE FOR R-2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.06.2026 Page No.# 2/3 1. Heard Mr. H. R. A. Choudhury, learned Senior Counsel for the petitioner Robiul Alam who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 05.11.2025 in connection with POCSO Case No. 178/2025 arising out of Mikirbheta P.S. Case No. 140/2025 under Section 76 of the BNS r/w Section 12 of the POCSO Act r/w Section 67(A) of the I.T. Act. 2. Heard Mr. B. Sarmah, learned Additional Public Prosecutor for the respondent State and learned Amicus Curiae Ms. P. Das for respondent No. 2. 3. Learned Amicus Curiae has raised serious objection stating that the petitioner has been following the victim and has been threatening the victim and has already uploaded certain objectionable photographs in the social media and he is thus not entitled to bail considering his demeanour. 4. Learned Additional Public Prosecutor has also raised serious objection stating that from the conduct of the petitioner, there appears to be possibility of tampering with the evidence and apprehension that the witnesses may be threatened. 5. Learned Senior Counsel for the petitioner has submitted that charges have been framed under Sections 78(2)/351(3) of the BNS r/w Section 14 of the POCSO Act, as there are no instances of any offence under the I.T. Act as alleged. 6. I have considered the submissions at the Bar with circumspection. 7. It is submitted that the petitioner is around 22 years of age. The victim has attained majority by now. It is submitted that the victim’s evidence has been recorded. 8. Considering all aspects, the petitioner shall be enlarged on bail on furnishing Page No.# 3/3 a bail bond of Rs. 50,000/- (Rupees fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioner shall not go anywhere near the vicinity of the victim or exercise threats to the victim, (ii) The petitioner shall not tamper with the evidence or threaten the witnesses or try to influence them, and (iii) The petitioner shall co-operate with the trial and shall not leave the jurisdiction of the Court without prior permission till completion of trial. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant