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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 9 February, 2026
Page No.# 1/5
GAHC010006022026
2026:GAU-AS:1710
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./129/2026
AJMOL ALI
S/O-MAKTAR HUSSAIN,
VILLAGE MALEGARH PAHAR,
P.S JOGIGHOPA,
DISTRICT BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:SAHIDA KHATUN
W/O KERAMAT ALI
VILL- DOLAIGAON
UJANPARA
P.S. BONGAIGAON
DIST. BONGAIGAON
ASSAM
PIN CODE- 995431583
Advocate for the Petitioner : MR F HAQUE, MR A ISLAM
Advocate for the Respondent : PP, ASSAM, M ISLAM (R-2)
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BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 09-02-2026
Heard Mr. F. Haque, learned counsel appearing for the accused applicant
along with Mr. K. K. Parasar, learned Additional Public Prosecutor for the State
and Mr. M. Islam, learned counsel for the respondent No. 2/informant.
2. This is an application under Section 483 of the BNSS, 2023 for granting
bail to the accused applicant who is in custody since 20.05.2025 in connection
with Special (POCSO) Case no. 41/2025 arising out of Behali P.S. Case No.
44/2025 under Section 64(2) of BNS, read with Section 6 of the POCSO Act.
3. The allegation, as alleged in the FIR dated 27.04.2025 is that the daughter
of the informant was sexually assaulted by the accused applicant when they
were working in the same brick kiln industry, wherein the informant and her
family members were working. It is alleged that by taking advantage of the
victim, who is a minor, aged about 17 years was forcefully raped by the accused
applicant four months back. However, since the victim girl was threatened with
dire consequences by the accused person, the victim did not disclose the same
to the informant immediately after the commission of the alleged offence. It is
alleged that when the victim was more than two months pregnant, the same
was reported to the police. On receipt of the FIR, the police registered the case
as Behali P.S. Case No. 44/2025 under Section 64(2) of BNS, read with Section 6
of the POCSO Act. After filing the charge-sheet, being charge-sheet No.
41/2025, dated 25.05.2025, the trial has started in the instant case and as on
date, as per the Trial Court Record which has been submitted before this Court,
one witness PW-I, Shri Rupal Chandra Roy, Headmaster of the School, was
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examined before the Trial Court.
4. Learned counsel appearing for the accused applicant submits that the
victim girl and the present accused was in fact in love relationship and after the
occurrence of the incident, both the families of the victim and the accused
person got together and there is an agreement that the victim will be married to
the accused person. He further submits that the accused applicant has already
spent 260 days behind the bar and since, he is willing to marry the victim, who
is carrying his child, at this stage, this Court by taking into these relevant facts
should grant bail to the accused.
5. Learned counsel for the respondent No. 2/informant submits that he has
no objection, if this Court grant bail to the accused applicant, since the accused
applicant agreed to marry the victim girl.
6. On the other hand, Mr. K. K. Parasar, learned Additional Public Prosecutor
for the State, while opposing this bail, submits that victim girl as well as the
informant, who are the vital witnesses of the instant case are yet to be
examined. Therefore, he submits that prayer for bail by the accused applicant
should not be granted at this stage.
7. This Court has gone through the materials available on record by way of
submission of the Trial Court Record as well as the submissions advanced by the
learned counsel appearing for the respective parties.
8. After considering the matter at it's entirety, this Court is of the considered
opinion that the victim girl, who is alleged to be 17 years of age, is carrying the
child of the accused applicant and the fact that the accused applicant is willing
to marry the victim girl is a relevant fact, which needs to be considered. This
Court has also considered the submission of the learned counsel for the
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respondent No. 2/informant, who is the mother of the victim, that he has no
objection in granting bail to the accused applicant.
9. Considering the above submissions as well as considering the materials
brought before this Court, this Court is of the opinion that, at this stage, the
accused applicant should be given privilege of bail. Therefore, it is directed that
the accused applicant, namely, Shri Ajmol Ali, should be released on bail
immediately, on furnishing of a bail bond of Rs.50,000/- (Rupees Fifty
Thousand) with a surety of like amount to the satisfaction of the learned Special
Judge (POCSO), Biswanath Chariali, Assam subject to the following conditions:
i. that the accused applicant shall cooperate in the
trial of the Special (POCSO) Case no. 41/2025, pending
before the learned Special Judge (POCSO), Biswanath
Chariali, Assam;
ii. that the accused applicant shall appear before the
Trial Court as and when required;
iii. 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 disposing such
facts before the Trial Court in the trial pending against
the accused applicant;
iv. that the accused applicant shall not leave the
jurisdiction of learned Special Judge (POCSO), Biswanath
Chariali Court, Assam without permission of the Trial
Court and when such leave is granted by the Trial Court,
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the accused applicant shall submit his address and
contact details to the Trial Court.
10. In view of the aforesaid directions, the instant bail application is,
accordingly, disposed of as allowed.
11. Return the Case Diary.
JUDGE
Comparing Assistant
