Page No.# 1/4 GAHC010088992026 2026:GAU-AS:8634 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1218/2026 ABDUL MOTIN ALIAS IMRAN S/O MONUHOR ALI R/O VILL- ALOMKHANI TAMUA, P.S. NILAMBAZAR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RAJIYA BEGUM W/O LT. BAHAR UDIN R/O BRAHMANSHASAN P.S. NILAMBAZAR DIST. SRIBHUMI ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, MR. M AHMED(R2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-06-2026 Page No.# 2/4 Heard Mr. A Ahmed, the learned counsel for the petitioner. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent and Mr. M Ahmed, the learned counsel appearing for the respondent no. 2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.02.2026 in connection with Special (P) Case No. 12/2026 arising out of Nilambazar P.S. Case No. 13/2026 u/s 61(2)/96/65(1)/3(5) of BNS Act read with Section 6 of POCSO Act. 3. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that from the charge-sheet it is seen that the case was registered u/s 61(2)/96/61(5) of BNS read with Section 6 of the POCSO Act wherein 137(2) of BNS was omitted. However, he submitted that while passing the order of rejection by the learned Sessions Judge dated 20.04.2026 it is held that the case is registered u/s 61(2)/96/65(1)/137(2) of BNS read with Section 6 of the POCSO Act. As the afore-mentioned section was omitted from the charge-sheet, inadvertently Section 137(2) was not mentioned in the cause title of present bail application. 4. Mr. Ahmed further submitted that there is admittedly love relation between the accused/petitioner and the victim and from the statement of the victim also reveals that except the allegation of kidnapping, there is no allegation of penetrating sexual assault to attract Section 6 of the POCSO Act against the present petitioner. That apart the case is also charge-sheeted, hence the question of tampering with the evidence of witnesses also does not arise at this stage. However, the petitioner is still ready and willing to appear before the learned Special Judge on each and every date to be fixed by the Court and to Page No.# 3/4 contest the case accordingly. He further submitted that as per the instruction, talk of settlement is going on between the parties as both the petitioner and the victim have love affairs. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted that though the case has been charge-sheeted u/s 6 of the POCSO Act but, considering the statement made by the victim u/s 183 BNSS, it is seen that there is no ingredients to attract Section 6 of the POCSO. However, he submitted that she brought the allegation of kidnapping etc. against the present/petitioner and hence without recording the statement of the victim, the bail prayer may not be considered. 6. Mr. Ahmed, the learned counsel appearing for the respondent no. 2 submitted that initially one bail application was moved before the learned Special Judge wherein also both the informant and the victim appeared and submitted that they have no objection if bail is granted to the present petitioner. He further submitted that as per his instruction, the informant has no objection if the present bail application of the petitioner is allowed. Rather, there is a talk of compromise/settlement is going on between the parties. 7. Hearing the submissions made by learned counsels for both sides, considering the materials in the case record as well as other aspects of the case, I find it is a fit case to enlarge the accused/petitioner on bail. 8. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Sribhumi. The accused/petitioner, namely Abdul Motin @ Imran, be enlarged on bail, subject to the following conditions:- Page No.# 4/4 (i) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (ii) that the petitioner shall not leave the jurisdiction of the learned Special Judge (POCSO), Sribhumi without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant