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2026 DAILYLAW 8463 (GAU)

SORIF UDDIN v. THE STATE OF ASSAM AND ANR

Bail Appln./1158/2026 · 2026-06-17

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010086292026 2026:GAU-AS:8798 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1158/2026 SORIF UDDIN S/O- LT. LATIF MIA, R/O- VILL- KALINNAGHAR, TE, POLICE STATION- RAM KRISHNA NAGAR, DISTRICT- SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:GITA NAMASUDRA W/O- ASHUTOSH NAMASUDRA R/O- VILL- SHRIBANI PO- CHAMALA BAZAR PS- RAM KRISHNA NAGAR DIIST.- SRIBHUM Advocate for the Petitioner : MR. M A CHOUDHURY, MR. A AHMED,U U KHAN,MR A AHMED,MISS. P M AHMED Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE R2) Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 18.06.2026 Heard Mr. A. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. Bidyut Sarma, the Addl. Public Prosecutor, Assam as well as Mr. Surajit Das, the learned Amicus Curiae appearing for the Respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sorif Uddin, who is facing trial in Special (P) Case No.14/2026 pending in the court of the learned Special Judge, Sribhumi has prayed for releasing him on bail. 3. The mother of the victim girl is a divorcee. After divorce, the mother of the victim girl remarried and the victim girl was sent to the house of her maternal grandmother. Since then, the victim girl has been staying in the house of her maternal grandmother. 4. The present petitioner was in love with the daughter of the informant. He allegedly has taken some obscene photographs and videos of the girl. He thereafter started to blackmail the girl by threatening her that she had to have physical relationship with him otherwise he would upload those obscene photographs in social media. 5. The girl did not agree to the proposal of the petitioner and the petitioner had uploaded those obscene photographs in social media. 6. Thereafter, on 29.01.2026 at about 9.45 in the morning, persons named Rajesh Mishra and Hemanta Nunia along with some other persons detained the present petitioner and handed him over to police. Page No.# 3/3 7. The aforesaid girl gave a statement under Section 183 of the BNSS, 2023. She has stated that she had to agree to the proposal of the petitioner as he threatened her that he will upload the obscene photographs in social media. The petitioner accordingly had physical relationship with the girl regularly. Suddenly, on one particular day, many people entered into her house while she was with the present petitioner. Those people had assaulted the girl and the present petitioner. Both of them were taken to the market area. Her maternal grandmother was also beaten up. 8. I have considered the submissions made by the learned counsels of both sides. 9. After considering the submissions, this Court is of the opinion that there are many discrepancies in the prosecution story. For example, the mother of the girl says that she was in love with the present petitioner. In her statement under Section 183 of the BNSS, the victim girl has stated that she consented to taking of her photographs by the petitioner. Moreover, the victim girl claimed to be 18 years of age when her statement was recorded by the Magistrate. 10. Considering all those facts, this Court is of the opinion that under the given circumstances, the petitioner no longer deserves to be detained in custody. His bail application is allowed. 11. The petitioner Sorif Uddin who is facing trial in Special (P) Case No.14/2026 pending in the court of learned Special Judge, Sribhumi shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi. 12. The petitioner Sorif Uddin is directed to regularly appear 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 by due process of law. With the aforesaid direction the present bail application is disposed of. JUDGE Comparing Assistant