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Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 22 January, 2026
Page No.# 1/4
GAHC010247172025
2026:GAU-AS:772
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3623/2025
ARIF ZAMAN
S/O ABDUS SATTAR
RESIDENT OF VILL- CHENIMARI
P.O. LANGLA
P.S. KALGACHIA
DIST. BARPETA, ASSAM
PRESENTLY RESIDING AT SATGAON, RAILWAY LINE, PRAGATINAGAR, B/L
NO. 05, P.S. SATGAON, DIST. KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:MISS. HAJIRA BEGUM
W/O MD. SAHER ALI
RESIDENT OF @ NO. NIZARAPARA
P.S. NOONMATI
KAMRUP (M)
ASSAM
PH- 8136082968
Advocates for the appellant : Mr. A K Azad
Advocates for the respondents : Mr. D P Goswami, Addl. P.P
Ms. M K Brown, Amicus Curiae
BEFORE
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HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
Date on which judgment is reserved : 06.01.2026
Date of pronouncement of judgment : 22.01.2026
Whether the pronouncement is of the : No.
operative part of the judgment ?
Whether the full judgment has been : Yes
pronounced?
JUDGMENT & ORDER (CAV)
(Sanjeev Kumar Sharma, J)
Heard Mr. A K Azad, learned counsel for the petitioner. Also heard Mr. D P
Goswami, learned Additional Public Prosecutor appearing for the State and Ms.
M K Brown, learned Amicus Curiae representing the respondent No. 2.
2. This is an application under Section 483 of BNSS praying for regular bail of
the accused/petitioner, namely, Arif Zaman, who is injail since 21.09.2025 in
connection with Noonmati P.S Case No. 169/2025, under Sections 65(1) BNS,
2023 read with Section 6 of the Protection Of Children from Sexual Offences
(POCSO) Act, 2012.
3. Scanned copy of the TCR has been received.
4. The allegation against the present petitioner, who is aged about 18 years,
is that that the victim aged about 16 years, eloped with him from Guwahati to
Barpeta and thereafter to Uttar Pradesh, where they lived in a rented
accommodation at Noida for about 15 days. Subsequently, upon the request of
the parents of the victim, they returned to Guwahati, whereupon the petitioner
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was arrested.
5. Learned counsel for the petitioner had submitted that the petitioner herein
is only 18 years of age and has been languishing in jail since 21.09.2025. He
further submitted that the statement of the victim has been recorded under
Section 183 of the BNSS, wherein she admitted that there was a love affair
between the two and therefore, since the matter has been charge-sheeted and
charges have been framed, the petitioner may now be allowed the privilege of
regular bail.
6. On the last occasion, as reflected in order dated 11.12.2025, and upon the
prayer of the learned Addl. Public Prosecutor and the learned Amicus Curiae, the
next date of trial being fixed on 19.12.2025 for recording the evidence of the
victim, the updated TCR was called for. However, it appears that the evidence of
the victim is not available in the scanned copy of the TCR, and it is not known
whether the same has been recorded.
7. Be that as it may, it appears that the victim, both in her statement before
the Investigating Officer as well as before the Magistrate, has admitted to
having eloped with the petitioner, as they were in a love affair, and there is no
allegation of any forcible sexual intercourse with the victim, who is aged about
16 years.
8. Having regard to the above facts, as well as the length of detention of
more than four months, the prayer for bail is allowed. It is directed that the
petitioner shall be released on bail on furnishing a bond of Rs. 50,000/- with
two local sureties of the like amount to the satisfaction of the learned Trial
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Court. It is further provided that the petitioner shall not try to contact, influence
or intimidate the victim or any other witnesses in any manner and shall regularly
participate in the trial.
9. Bail petition stands allowed as above.
JUDGE
Comparing Assistant
