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2026 DAILYLAW 8152 (GAU)

MD. SAIFUL ALI ALIAS SAIFUL ALI v. THE STATE OF ASSAM AND 2 ORS.

Bail Appln./833/2026 · 2026-06-14

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010052602026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./833/2026 MD. SAIFUL ALI ALIAS SAIFUL ALI SON OF LATE BAKTAR ALI RESIDENT OF MAJARABARI, JALUGUTI, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN-782104, (THROUGH HIS WIFE, SMT. MALLIKA BEGUM) VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PP, ASSAM 2:MUSST. WAHIDA (INFORMANT IN MIKIRBHETA P.S. CASE NO. 151/2025) WIFE OF SRI MAINAT ALI RESIDENT OF VILL- SARUCHAKABAHA P.S. MIKIRBHETA DIST. MORIGAON ASSAM. PIN-782001. 3:X (VICTIM) D/O SRI MAINAT ALI RESIDENT OF VILL- SARUCHAKABAHA P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN-782001 Advocate for the Petitioner : A GAUTAM, Y A SARKAR,K M KALITA Advocate for the Respondent : PP, ASSAM, MR. S M MOLLAH (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.06.2026 Heard the learned Senior Counsel Mr. A Sarma assisted by Mr. A Gautam appearing for the Page No.# 2/2 petitioner. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S M Mollah, the learned counsel appearing for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner has prayed for grant of bail in connection with PoCSO Case No.184/2025 pending in the Court of the learned Special Judge (PoCSO), Morigaon. 3. The petitioner Md. Saiful Ali @ Saiful Ali, aged about 80 years, is the accused before the trial court. All the prosecution witnesses have already been examined and the case is posted on 19.06.2026 for examination of the accused under Section 313 of the Cr.P.C. 4. The petitioner has been in custody for more than 6 (six) months. 5. Mr. Sarma, the learned Additional Public Prosecutor has objected to this bail application on the ground that if the petitioner is allowed to go on bail, the case against him may be disposed of early. 6. Mr. Mollah has also objected to the prayer for bail. He has pointed out that the victim was 12 years old at the time of occurrence. 7. I have considered the submissions made by the learned counsels of both sides. 8. This Court is of the opinion that considering the age of the petitioner his bail application should be accepted at this stage is allowed. Therefore, considering the age of the petitioner his bail application is allowed. 9. It is hereby directed that the petitioner Md. Saiful Ali @ Saiful Ali, who is facing trial in PoCSO Case No.184/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (PoCSO), Morigaon. 10. The petitioner is directed to appear regularly before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have the liberty to procure his attendance in accordance with the procedures as laid down by law. With the aforesaid direction, the bail application stands disposed of accordingly. JUDGE Comparing Assistant