Page No.# 1/4 GAHC010072642026 2026:GAU-AS:8082 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1009/2026 FOIZ AHMED ALIAS FAYAZ AHMED S/O AZIZUR RAHMAN VILL- GHULCHERRA, P.O. GHULCHERRA BAZAR, P.S. NILAMBAZAR, DIST. SRIBHUMI (KARIMGANJ), ASSAM, PIN NO. 788720 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:XXXX D/O MOZIR UDDIN VILL- GHULCHERRA (HUGARGOOL) P.O. GHULCHERRA BAZAR P.S. SRIBHUMI (KARIMGANJ) ASSAM PIN NO. 788720 Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, MS. S NAZNEEN, AMICUS CURIAE R2 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 09.06.2026. Page No.# 2/4 Heard Mr. J.M. Sulaiman, learned counsel for the accused petitioner. Also heard Mr. K.K. Das, learned Addl. P.P., Assam appearing on behalf of the State respondent No.1 and Ms. S. Nazneen, learned Amicus Curiae appearing on behalf of the respondent No.2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Foiz Ahmed @ Fayaz Ahmed, who is in judicial custody on being arrested on 19.01.2026, in connection with Special (POCSO) Case No. 17/2024, arising out of Nilambazar P. S. Case No. 74/2024, under Sections 448/376/506 of the IPC read with Section 6 of the POCSO Act, trial of which is going on in the Court of learned Addl. Sessions Judge, Sribhumi. The scanned copy of the Trial Court Record has already been received and perused the same. It is submitted by Mr. Sulaiman, the learned counsel for the accused petitioner that earlier the accused petitioner was granted bail and he was regularly appearing before the learned Trial Court below and was facing the trial. But on 21.01.2025, there was a miscommunication between the accused petitioner along with his engaged counsel and for which he remain unrepresented on that day and hence, considering his absence, the NBWA was issued. However, coming to know about the issuance of the NBWA, the accused petitioner appeared before the learned Trial Court below on 19.01.2026 with an application for bail but that has been rejected and since 19.01.2026, he is in custody. The default of the accused petitioner was only due to miscommunication with his engaged counsel and he will regularly appear before the learned Trial Court below and will face the trial, if he is allowed to go on Page No.# 3/4 bail. Mr. Das, the learned Addl. P.P., Assam submitted in this regard that from the record it reveals that the petitioner was earlier on bail but subsequently due to his absence, the NBWA was issued. However, he submitted that from the evidence of the PW.1 and PW.2, it reveals that they have implicated the present petitioner. Ms. Nazneen, the learned Amicus Curiae appearing for the respondent No.2 submits that it is an admitted fact that the accused petitioner was on bail but subsequently, due to his absence for miscommunication with his engaged counsel, the NBWA was issued against him. Considering the submissions made by the learned counsels for both sides, I have also perused the case record and the annexure filed along with the bail petition. It reveals that the accused petitioner was regularly appearing before the learned Addl. Sessions Judge, Sribhumi but due to his absence on 21.01.2025, the NBWA was issued against him. However, he surrendered himself before the Court on 19.01.2026 with an application for bail, which was rejected and since then, he is in custody. Considering all these aspects of the case and also considering the length of detention undergone by the accused petitioner, this Court is of the opinion that further custodial detention of the accused petitioner is not required in the present case. Page No.# 4/4 Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount, to the satisfaction of the learned Addl. Session Judge, Sribhumi, the accused petitioner, named above shall be allowed to go on bail, subject to the following conditions: (i) that the accused petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the accused petitioner shall not leave the jurisdiction of the learned Addl. Session Judge, Sribhumi, without prior permission, and (iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned Addl. Session Judge, Sribhumi. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant