Page No.# 1/3 GAHC010146172026 2026:GAU-AS:9901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1602/2026 ABU SHAHID SARKAR ALIAS SARARUL ISLAM S/O ABDUL JALUL SARKAR, A PERMANENT R/O VILL UDALI BAZAR, KACHARI GAON, HOJAI, PO AND PS LANKA, DIST HOJAI, ASSAM, PIN 782446 VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:MUKTAR ALI S/O TAHIR ALI PERMANENT R/O VILL ISLAM BASTI PO AND PS LANKA DIST HOJAI ASSAM PIN 78244 Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA,MS. S NISHA SULTANA Advocate for the Respondent : PP, ASSAM, A S CHOUDHURY(VICTIM) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20-07-2026 Page No.# 2/3 Heard Mr. T Laskar, the learned counsel for the accused/applicant. Also heard Mr. K K Parashar, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting pre-arrest bail to the accused/applicant in connection with Special POCSO Case No. 102(H)/2024 pending before the learned Court of Special Judge, Hojai. 3. An FIR was lodged on 03.02.2023 by one Muktar Ali before the Officer-in- Charge, Lanka Police Station alleging that one person, namely, Faruq Ahmed (Kazi) has solemnized the marriage of a girl, namely Miss X who is 17 years old with one Saharul Islam who is 24 years of age at Udali Bazar. It was alleged that the aforesaid Faruq Ahmed has been performing marriage ceremonies of under aged (minor) girls for several years. On receipt of the FIR, police registered the Lanka P.S. Case No. 100/2023 u/s 9/10/11 of the Prevention of Child Marriage act, 2006 read with section 17 of the POCSO Act, 2012. After the investigation, police submitted the Charge Sheet and at present, the matter is pending at appearance stage. 4. The learned counsel appearing for the accused/applicant submits that the accused met the girl concerned is a major and the person who has married the girl is also a major. Therefore there is no offence committed by the marriage by the accused/applicant with the concerned girl. 5. Mr. A S Choudhury, the learned counsel appearing for the girl has submitted that the Adhar Card of the girl has been annexed. On perusal of the same it reveals prima facie that the girl was a major when the marriage was Page No.# 3/3 solemnized. 6. Taking into account the entire facts of the case as well as upon hearing the counsel appearing for the respective parties, this Court is of the opinion that the accused/applicant should be granted pre-arrest bail at this stage. 7. Accordingly, it is directed that in the event of arrest of the accused/applicant, namely, Abu Shahid Sarkar @ Saharul Islam in connection with Special POCSO Case No. 102(H)/2024, he should be released on furnishing bail bond of Rs. 30,000/- (Thirty thousand) only with a surety of like amount to the satisfaction of the learned Court of Special Judge (POCSO), Hojai subject to the condition that :- i. the accused/applicant shall appear before the Trial Court as and when required; and ii. the accused/applicant shall not try to influence any witness or evidence that may be involved in the instant case. 8. In terms of the aforesaid direction, the instant AB application is disposed of as allowed. JUDGE Comparing Assistant