Page No.# 1/4 GAHC010065962026 2026:GAU-AS:9562 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./922/2026 AKKESH ALI S/O LATE FALU SEIKH VILL- KORETARY/PANIKHAITY P.S. BOKO DIST. KAMRUP, ASSAM PH. NO. 9859043615 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ANJU BEGUM W/O NUR BAHAR ALI R/O KATAHBARI SHAHBAD PATH P.S. GORCHUK DIST. KAMRUP (M) ASSAM PIN-781035 Advocate for the Petitioner : MR. A ALI, MR D TALUKDAR,MR. S M MUNIR,MR. K MOHAMMED Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE R2 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.07.2026 Heard Mr. D. Talukdar, learned Senior Counsel, assisted by Mr. K. Mohammed, learned counsel appearing for the accused-applicant. Also heard Mr. B. Sarma, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused-applicant, who was arrested on 31.01.2026, in connection with Sessions Spl. (POCSO) Case No. 26/2026, arising out of Gorchuk P.S. Case No. 316/2025, registered under Section 137(2) of the BNS, 2023, read with Section 6 of the POCSO Act, 2012. 3. The brief facts of the case are that on 16.11.2025, the informant filed an FIR before Gorchuk Police Station, alleging, inter alia, that on 14.11.2025 at about 11 AM, one unknown person enticed away her 16 years old daughter from the Brahmaputra Academy School area; that after communicating with daughter, the informant came to know that she would come back on 15.11.2025, as the parents of the boy did not allow her to come back as the night had already fallen by then; that when she contacted her daughter again, she came to know that the accused- applicant did not allow her to come back and while she was talking with her daughter, the phone was snatched away by the accused person and the same was forcibly switched off. 4. On receipt of the FIR, the police registered Gorchuk P.S. Case No. 316/2025, under the aforementioned sections. 5. Mr. Talukdar, learned Senior Counsel appearing for the accused-applicant submits that the alleged victim girl and the accused were in a love relationship and Page No.# 3/4 the girl had voluntarily eloped with the accused-applicant and thereafter, they went to Secunderabad and after staying there for few days, they came back to Guwahati. The learned Senior Counsel further submits that there is no enticement in the instant case as both were in a love relationship. He further submits that the statements under Section 183 of the BNSS as well as the deposition before the Trial Court reveal that the girl has voluntarily went with the accused-applicant without any enticement or force by the accused-applicant. He submits that the accused- applicant has already spent 164 days behind the bars and further custodial detention in the instant case may not be required taking into account the fact that the victim girl has already deposed before the Trial Court. 6. TCR in the instant case has been received and the same is perused. 7. The learned Addl. P.P., submits that admittedly, the girl is a minor and therefore, an offence under the POCSO Act has been committed by the accused- applicant and therefore, he opposes the prayer of bail. 8. Ms. T. Parasar, the learned Amicus Curiae, appearing for the respondent no. 2, submits that the girl is a minor and she has deposed that she has gone voluntarily. 9. This Court has heard the submissions made by the learned counsel appearing for the respective parties as well as perused the materials brought before this Court in the TCR. 10. After taking into account the materials available in the TCR as well as the fact that the victim girl has already deposed before the Trial Court, this Court is of the considered opinion that at this stage, the accused-applicant, who has already spent 164 days behind the bars, should be granted bail. Accordingly, it is directed that the accused-applicant shall be released on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with a surety of like nature to the satisfaction of the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Kamrup (M) at Guwahati, Page No.# 4/4 subject to the following conditions: - (1)That the accused-applicant shall cooperate with the Trial and make himself available before the Trial Court as and when required; (2) That the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; (3)That the accused-applicant shall not tamper with any evidence nor hamper the trial in any manner, whatsoever. 11. In view of the aforesaid directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant