Gauhati High Court
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GAHC010230962025
2025:GAU-AS:13914
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3359/2025
ZAIDUL ISLAM
S/O. INGRAJ ALI, R/O. ARATGRAM, P/S. MANKACHAR, DIST. SOUTH
SALMARA MANKACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
Advocate for the Petitioner : U U KHAN,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
17.10.2025
Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also
heard Mr. K.K. Parashar, learned Addl. Public Prosecutor appearing for the State.
By this application, the petitioner has prayed for bail in connection with
Mankachar P.S Case No. 91/2025 registered under Section 65(1)/3(5) of BNS
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read with Section 6/17 of POCSO Act.
The petitioner has prayed for default bail in the instant case inasmuch as
according to the petitioner, the mandatory period of 90 days was over on
29.10.2025 from the date of remand of the petitioner after his arrest on
02.07.2025.
The learned counsel appearing for the petitioner has showed the order
dated 03.10.2025 passed by the learned Special judge South Salmara
Mankachar where it was stated that the petitioner had submitted an application
for default bail to the accused person on the said date i.e., on 03.10.2025 and
that on the same day i.e., on 03.10.2025, the Bench Assistant has put up the
charge sheet before the Court so it is apparent that the charge sheet has been
put up before the Court on 03.10.2025, whereas, the 90 days period gets over
on 29.10.2025. He further submits a judgment of this Court passed in Samsun
Noor Vs. State of Assam reported in 2022 (5) GLT 405 wherein it was held that
submission of charge sheet before the Magistrate or the Court would not be
sufficient compliance in terms of Section 173(2) of the Court without the initials
of the Magistrate or the Court in the charge sheet as well as in the register
maintained with date and seal of the Magistrate and that it is on that date that
the charge sheet is deemed to have been submitted before the Magistrate.
In the instant case, it is seen that the charge sheet has been just put up
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before the Court on 03.10.2025 i.e., after the mandatory period was over and
the same i.e., the order dated 03.10.2025 does not show that the Court has put
the initials or the necessary stipulation is made in the register. As such, it is
considered that the mandatory period was over on 29.10.2025.
In view of the same, the accused is entitled fro default bail and as such,
he be released on bail on furnishing of a bail bond of Rs. 20,000/-(Rupees
twenty thousand) with one (1) local surety of the like amount to the satisfaction
of the Trial Court under the following conditions:-
1) The petitioner shall cooperate with the investigation and shall
appear before the Trial Court as and when called for.
2) The petitioner shall not tamper with the evidence or influence
any of the witnesses.
3) The petitioner shall not leave the jurisdiction of the Trial Court
without prior permission of the concerned Court.
The petition is disposed of.
JUDGE
Comparing Assistant
