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2026 DAILYLAW 9711 (GAU)

BANEJ UDDIN SK ALIAS TITU ROY v. THE STATE OF ASSAM AND ANR

Bail Appln./806/2026 · 2026-07-15

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010053302026 2026:GAU-AS:9709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./806/2026 BANEJ UDDIN SK ALIAS TITU ROY SON OF SUKKUR ALI, RESIDENT OF VILLAGE - BINNACHARA, P.S. FAKIRAGRAM, IN THE DISTRICTR OF KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. 2:SMTI SIKHARANI SIL SARMA WIFE OF SUKUMAR RAY RESIDENT OF VILLAGE - MOINAGURI SHAKTI ASHRAM P.S. FAKIRAGRAM IN THE DISTRICTR OF KOKRAJHAR ASSAM Advocate for the Petitioner : MR. M A MONDAL, Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.07.2026 Heard Mr. M.A. Mondal, learned counsel for the petitioner. Also heard Mr. Page No.# 2/3 K. Baishya, learned Additional Public Prosecutor for the State and Ms. T. Parashar, learned Amicus Curiae for the respondent No.2/informant. 2. By this application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Banej Uddin SK @ Titu Roy, has prayed for bail in connection with Special Case No. 5/2026 (arising out of Fakiragram P.S. Case No. 60/2025) u/s 74/76/73/318(4)/351(2)/294 of BNS, 2023 r/w Section 12 of POCSO Act. 3. The petitioner was arrested 26.12.2025. 4. The instant FIR lodged on 26-12-2025 by the informant with the allegation that a minor was being harassed by the accused person through phone calls and digital media, causing mental torture and blackmailing her through photographs made by AI etc. It is alleged that the girl also tried to commit suicide. 5. The learned counsel for the petitioner submits that the case is stated to be at the stage of trial, wherein out of the 8 witnesses listed in the charge-sheet, 6 have already been examined, including the informant and the victim girl. It is also submitted that the petitioner has been in custody since December, 2025 and pleads for his bail. It is also submitted that the testimony suffers from contradictions. 6. On the other hand, the learned Additional Public Prosecutor opposing the bail, submits that trial is nearing completion and that the petitioner happens to be from the locality of the victim girl and there is a background of earlier threatening. 7. The learned Amicus Curiae for the respondent No.2 submits that the victim is a minor and her statement has been consistent in her deposition Page No.# 3/3 as well as before the Magistrate and police. It is submitted that apart from such consistency, the victim has also implicated the petitioner. 8. The scanned TCR is available. I have perused the relevant portions, including the testimony of the informant, the victim and also her statement recorded under 164 Cr.P.C. In her statement and deposition also, the victim has stated about the threatening apart from impersonating his identity. 9. I have perused the nature of the materials revealed by the testimony of the victim. Considering that aspect as well as the fact that the trial is on the verge of completion – the bail petition stands rejected at this case and disposed of accordingly. JUDGE Comparing Assistant