Allowed

MD Sahabul Islam Alias Shahabul Islam Alias Sahabul Islam v. the State of Assam and Anr.

Gauhati HC29 Oct 2025Bail Appln./3055/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS by the accused in a POCSO case pending trial. With informant and victim already examined and only official witnesses remaining, the court granted bail considering the length of detention and trial progress, on a bond with conditions.

What did the court decide?

Bail granted on furnishing bond of Rs. 30,000 with one like surety, subject to conditions of attending trial, not tampering with evidence, and not harassing the victim/informant.

MD Sahabul Islam Alias Shahabul Islam Alias… — Child Sexual Offences (POCSO) | Gauhati HC (2025)

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GAHC010209982025

2025:GAU-AS:14604

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./3055/2025

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MD SAHABUL ISLAM ALIAS SHAHABUL ISLAM ALIAS SAHABUL ISLAM S/O MD SAIFUL ISLAM, VILL NO. 1 BARCHALA P.S NORTH LAKHIMPUR POLICE OUT POST - NOWBOICHA DIST. LAKHIMPUR, ASSAM, PIN-781031

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM

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2:MUSST JAMILA BEGUM W/O MD. JAINAL ALI R/O - BHOLUKAGURI SORUCHAPORI P.S - DHAKUAKHANA DIST. - LAKHIMPU

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Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG

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Advocate for the Respondent : PP, ASSAM, MS. M K BROWN(AMICUS CURIAE)

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BEFORE

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HON’BLE MR. JUSTICE PRANJAL DAS

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O R D E R

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30.10.2025

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Heard Ms. S.G. Baruah, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State respondent and Ms. M.K. Brown, learned Amicus Curiae for the respondent no.2/informant.

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This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Md. Sahabul Islam @ Shahabul Islam @ Sahabul Islam, has prayed for bail in connection with Spl. (POCSO) Case No.90/2025 U/S-64(1) of BNS Act, 2023, and presently pending at the stage of trial before the Court of learned Special Judge, Lakhimpur, North Lakhimpur. Charges are stated to have been framed under 64(1) BNS, 2023, R/W Section 6 of POCSO Act, R/W Section 9 of Prohibition of Child Marriage Act, 2006.

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The learned counsel has taken the Court through the annexed materials including the depositions. It is stated and submitted that the trial has progressed and out of 8 (eight) listed witnesses the informant and the victim have already been examined and except the father remaining to be examined, the others are official witnesses.

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The learned counsel has taken the Court through the statement of the prosecutrix recorded before the learned JMFC during investigation and also her deposition. It is submitted on the basis of these materials that on earlier occasion also she had gone to the house of the accused and brought back and

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thereafter, she again went. It is submitted that presently the parties are married though the prosecutrix is staying in the house of her parents. It is submitted that when the victim went to the house of the accused for first time, she was brought back by the parents of the petitioner.

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The learned Addl. P.P. does not dispute the stage of the trial and submits however that as per the materials, the victim is a minor. The learned counsel for the petitioner also submits that there is no compliance with Section 47 and 48 BNSS notices to meet the standards of the governing law.

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The learned Amicus Curiae fairly submits that the trial has admittedly progressed and therefore, the question of bail at this stage may be decided as per the law by this Court.

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Having seen the matter in its entirety and the submissions of the learned counsels and perusing the materials – considering the length of undertrial detention already undergone by the petitioner and the progress of trial involving the examination of the victim girl also – the accused is hereby allowed to go on bail in connection with the above case, on furnishing bail bond of Rs. 30,000/- with one surety of like amount, to the satisfaction of the concerned learned Special Judge, Lakhimpur, North Lakhimpur and subject to the following conditions that:-

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(i) He shall be available for the remaining trial,

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(ii) He shall not hamper or tamper with the evidence.

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(iii) He shall not in any manner intimate or harass or harm the victim/informant and their family members.

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