Page No.# 1/2 GAHC010034792026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./536/2026 SHAHED MUSTAK HUSSAIN ALIAS JITU SON OF MD. SARIFUL HUSSAIN VILL- NAGINIJAN PUTHINADI, P.S.MARIANI, DIST. JORHAT, PIN-785635 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. CHINU BEGUM W/O SRI LITUL HUSSAIN RESIDENT OF NAGINIJAN PUTHINADI P.S. MARIANI DIST. JORHAT ASSAM PIN-78563 Advocate for the Petitioner : MR D K NATH, Advocate for the Respondent : PP, ASSAM, MR. U J SAIKIA(R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.06.2026 Heard Mr. D.K. Nath, the learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam as well Page No.# 2/2 as Mr. U J Saikia, the learned counsel appearing for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner in respect of Special (POCSO) Case No.01/2026 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Jorhat. 3. In the FIR, it is alleged that the present petitioner had committed rape upon the 17 year old minor girl. In her evidence before the trial court, she stated that the petitioner committed rape upon her inside the room, while there was another girl named Anuskha standing outside that room. 4. Mr. Saikia appearing for the mother of the victim girl submits that the victim girl had already eloped with another boy and therefore, she has no objection if the present petitioner is allowed to go on bail. 5. Mr. Goswami has objected to this bail application on the ground that the victim girl has supported the allegations brought against the petitioner. The crux of the submission of Mr. Goswami is that the girl was raped by the petitioner. 6. The learned counsel for the petitioner has submitted that the petitioner has already spent almost eight months in custody. 7. I have considered the submissions made by the learned counsels of both sides and also have considered the circumstances of this case. 8. This Court is of the opinion that the petitioner deserves to be released on bail. 9. Accordingly, the bail application of the petitioner is allowed. 10. It is hereby directed that the petitioner, Md. Shahed Mustak Hussain @ Jitu shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned the learned Additional Sessions Judge-cum-Special Judge, Jorhat. The bail application stands disposed of accordingly. JUDGE Comparing Assistant