Accused in a POCSO case sought bail citing his advanced age (69) and length of detention, and absence of medical evidence of intercourse. The court found prima facie incriminating materials in the case diary and rejected the bail application.
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GAHC010180522025
2025:GAU-AS:15266
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2653/2025
NAJIM UDDIN
SON OF LATE NABI HUSSAIN, RESIDENT OF BHANGAMANDIR KARHANA PATHER, P.S DHEKIAJULI, DIST- SONITPUR, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM.
2:HALANI KHATUN WIFE OF MD. KAJIMUDDIN ALI RESIDENT OF BHANGAMANDIR KARHANA PATHER PS- DHEKIAJULI DIST- SONITPUR ASSAM-78411
Advocate for the Petitioner : MR. A R BHUYAN, MR M KHAN,MR S ABDULLAH
Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, (AMICUS CURIAE, R- 2)
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
12.11.2025
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as well as Mr. K. K. Das, learned Addl. P.P., Assam appearing for the State respondent.
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where the accused applicant should be granted the privilege of bail.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-applicant, aged about 69 years and in custody since arrest, should be granted bail under Section 483 BNSS in a POCSO case given prima facie materials against him.
2 provisions across 2 enactments
Najim Uddin
The State of Assam
Halani Khatun
Anjan Moni Kalita
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
