Page No.# 1/4 GAHC010121822026 2026:GAU-AS:9788 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1631/2026 SALIM ALI S/O JABBAR ALI VILLAGE NAMATI, P.S. GHOGRAPAR, DISTRICT NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AHED ALI S/O HATEM ALI VILLAGE NAMATI P.S. GHOGRAPAR DISTRICT NALBARI ASSAM 78136 Advocate for the Petitioner : S. TALUKDAR, A S PRODHANI Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.07.2026 Heard Mr. A.S. Prodhani, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Page No.# 2/4 Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Surakhsa Sanhita, 2023, whereby the petitioner, Salim Ali has prayed for releasing him on bail after he was arrested in connection with Ghograpar Police Station Case No.49 of 2026 registered under Section 75(2)/76 of BNS, 2023 read with Section 8/18 of the POCSO Act. 3. The allegation reflected in the FIR is that the accused person pulled one of the victims to the jungle from the road during the evening time and sexually assaulted her but she was rescued due to the intervention of a co-villager and immediately thereafter the accused attempted to molest another victim girl and because of the appearance of an E-Rickshaw, the accused had to flee from the spot. 4. Both the girls are minors and it is alleged that the petitioner had also made a video recording of the incident with one of the minor girls. 5. Learned counsel for the petitioner submits that the whole story of the petitioner assaulting two minor girls on the same evening is inherently improbable and the present FIR has been lodged by the informant to cover up the fault of the victim girl, who was found with another person by the petitioner, who is the same person who claims to have rescued one of the girls. 6. Mr. B. Sarma, learned Additional Public Prosecutor appears for the State of Assam has placed the case diaries of both the cases, before the Court, which contain the statements of both the victim girls as well as the informant, who is the father of the one of the victim girls and their statements implicate the petitioner. Page No.# 3/4 7. It appears from the perusal of the case diary that the mobile phone of the petitioner, which was allegedly used for the video recording, has not been seized by the police. 8. Having regard to the nature of the allegations and the period of detention of 43 days undergone by the petitioner and as well as the submissions of the learned counsel for the petitioner, further detention of the petitioner is not considered to be necessary. Accordingly, the prayer for bail is allowed. 9. Accordingly, the petitioner named above shall be released on bail in connection with Ghograpar Police Station Case No.49 of 2026 registered under Section 75(2)/76/ of BNS, 2023 read with Section 8/18 of the POCSO Act, on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand only) with two sureties of the like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court subject to the following conditions: i. That the petitioner shall not leave the territorial jurisdiction of learned Eleka Magistrate/ Jurisdictional Court without prior written permission from him ; ii. That the 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. iii. That the learned Eleka Magistrate/Jurisdictional Court may impose any additional condition(s) if he deems it fit and proper to do so to procure the attendance of the petitioner during trial. 10. If any of the conditions are found to be violated then the Investigating Page No.# 4/4 Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 11. With the aforesaid direction, the bail application is disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant