[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 9 March, 2026
Page No.# 1/5
GAHC010005082026
2026:GAU-AS:3440
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./89/2026
NOBIUL ISLAM
S/O. HUSSEN ALI, R/O. VILL.- BILASIPARA, WARD NO. 6 (LATOBER), P/S.
BILASIPARA, DIST. DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:JOMUNA KHATUN
W/O. KHOYRUL ALI
R/O. VILL.- BANGALIPARA
WARD NO. 6 (JATOBER)
P/S. BILASIPARA
DIST. DHUBRI
ASSAM
Advocate for the Petitioner : MR. D BORA, MR. B.H. TAPADAR,A.ISLAM
Advocate for the Respondent : PP, ASSAM, MR. T DEURI, Amicus Curiae (R-2)
BEFORE
HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
O R D E R
09.03.2026
Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard
Mr. B. Sharma, learned Additional Public Prosecutor as well as Mr. T. Deuri,
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learned Amicus Curiae for respondent No.2.
2. This application under Section 483 of BNSS, 2023 has been filed by the
petitioner namely Nobiul Islam, who has been detained behind the bars since
04.11.2025 in connection with Bilasipara Police Station Case No.326/2025
under Section 65(1) of BNS read with Section 4 of the POCSO Act, 2012
corresponding to Special POCSO Case No.18/2026.
3. The gist of the accusation in this case is that on 13.10.2025, the
mother of the victim girl had lodged an F.I.R before the Officer-in-charge of
Bilasipara police station, inter-alia, alleging that on that day at about 3:00
p.m., when her daughter (victim girl) went to the backside of her house, the
present petitioner took her daughter to the jute field and committed sexual
intercourse with her. On receipt of the said F.I.R, Bilasipara Police Station
Case No.326/2025 was registered under Section 65(1) of the BNS read with
Section 4 of the POCSO Act, 2012 and investigation was initiated. The
petitioner was arrested on 04.11.2025. Thereafter, on completion of the
investigation, charge-sheet was laid against the present petitioner under the
aforementioned penal provisions of law.
4. Mr. B.K. Mahajan, learned counsel for the petitioner submits that the
petitioner herein is praying for grant of default bail under Section 187(2) of
BNSS as the charge-sheet was laid before the concerned Judge in this case
after expiry of 90(ninety) days of time. He submits that the petitioner was
arrested on 04.11.2025 and 90(ninety) days got expired on 01.02.2026 and
therefore as per the statutory provisions, the petitioner was entitled to get
default bail on 02.02.2026. Learned counsel for the petitioner further submits
that though the charge sheet was prepared and signed by the Investigating
Officer on 23.01.2026 and it was forwarded to the Court by the Officer-in-
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charge of Bilasipara Police Station on 30.01.2026, as it would appear on
perusal of the charge-sheet, however, he submits that the charge-sheet was
placed before the learned Additional Sessions Judge, Bilasipara only on
05.02.2026 i.e. on the 94th day of the date of remand of the present
petitioner. Learned counsel for the petitioner submits that in this regard, the
law has been made clear in a catena of judgments, which has been
summarised by a co-ordinate bench of this Court in the case of "Samsun
Noor @ Samsul Noor -vs- State of Assam" (judgment dated 07.10.2022 in
Bail Application No.1958/2022). He submits that it has been held by this
Court that the charge-sheet would be deemed to be laid before the Court on
the date on which it was placed before the Court unless there is any other
material to indicate contrary to that. He submits that in the instant case, a
report was called for from the Trial Court by order dated 18.02.2026 as
regard on which date the charge-sheet was placed before the said Court. He
submits that the report in that regard has been received by this Court and
the report indicates that it was put up before the Additional Sessions Judge,
Bilasipara on 05.02.2026. He further submits that under such circumstances,
the petitioner is entitled to get default bail as the charge-sheet was placed
before the concerned Judge/Magistrate after expiry of 90(ninety) days.
5. On the other hand, learned Additional Public Prosecutor as well as Mr. T.
Deuri, learned Amicus Curiae, learned counsel for respondent No.2 have
submitted that though it was forwarded to the Court by the Investigating
agencies on 30.01.2026, however it appears that it was placed before the
Court on 05.02.2026 and for the same Investigating Agencies does not have
any fault.
6. I have considered the submissions made by the learned counsel for both
sides and have gone through the materials available on record. I have also
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gone through the report dated 20.02.2026 submitted by learned Additional
Sessions Judge, Bilasipara in pursuant to the order dated 18.02.2026 passed
by this Court.
7. On perusal of the report of the learned Additional Sessions Judge,
Bilasipara, it appears that the charge-sheet which has been laid in the
aforesaid case was placed before him on 05.02.2026 i.e. on the 94 th day of
the date of arrest of the present petitioner. As such, in view of the judgment
of the co-ordinate bench of this Court in the case of "Samsun Noor @ Samsul
Noor (supra)" as well as in view of the judgments of the Apex Court, which
were discussed in the aforesaid judgment of the co-ordinate bench, the
charge-sheet would be deemed to have been laid on the date when it was
placed before the Court unless any other material leads to a contrary finding.
8. In the instant case, there is no other material to show that the charge-
sheet against the present petitioner was placed before the learned Additional
Sessions Judge, Bilasipara prior to 05.02.2026. As such, the charge-sheet has
been placed before the Court on the 94th day which is beyond the statutory
period of detention prescribed by Section 187(2) of BNSS and on that
ground, the petitioner is entitled to default bail.
9. Accordingly, in view of above, the petitioner is allowed to go on bail of
Rs.50,000/- (rupees fifty thousand) with one surety of like amount to the
satisfaction of the learned Additional Sessions Judge, Bilasipara with the
following conditions:-
(I) That the petitioner shall co-operate in the investigation;
(II) That the petitioner shall not directly or indirectly make any
inducement, threat or promise to any persons who may be acquainted with
the facts of the case so as to dissuade such persons from disclosing such
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facts before the Investigating Officer or to any Court.
10. However, as placing the charge-sheet before the concerned
magistrate/Judge as expeditiously as possible is of utmost urgency and any
dereliction of duty on that Court has serious repercussions as happened in
this case, hence the learned Additional Sessions Judge, Bilasipara is directed
to conduct an enquiry as to when the charge-sheet in question has been
shown to have been forwarded to the Court on 30.01.2026, why it was
placed before the Court on 05.02.2026. The learned Additional Sessions
Judge, Bilasipara after conducting of the enquiry shall submit the report on
the administrative side to the Registrar (Vigilance) of this Court, who after
receipt of the report may take necessary remedial measures accordingly.
11. This bail application is accordingly disposed of.
JUDGE
Comparing Assistant
