Disposed

Arun Jain v. the State of Assam and Anr.

Gauhati HC1 Jul 2026Bail Appln./1488/2026

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS by an accused in a POCSO case alleging sexual assault of schoolgirls during uniform measurements. Court considered his age, charge-sheet, local residence, and cooperation, and enlarged him on bail with conditions.

What did the court decide?

Petitioner enlarged on bail of Rs.50,000 with like local surety, subject to trial-completion conditions; breach cancels bail.

Arun Jain Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2026)

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GAHC010112552026

2026:GAU-AS:9449

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

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Case No. : Bail Appln./1488/2026

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ARUN JAIN

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S/O LATE GANPADIAL JAIN, R/O PUSHPAKPUR, WARD NO. 10, NALBARI, P.S. NALBARI, PIN781335, DISTRICT-NALBARI, ASSAM

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VERSUS

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

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2:REHENA BEGUM WIFE OF MOINUDDIN ALI RESIDENT OF RANGIA TOWN WARD NO.3 N.T. ROAD P.O. RANGIA P.S. RANGIA PIN-781354 DIST. KAMRUP ASSAM

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Advocate for the Petitioner : MR K JAIN, MR ARINDAM BARUAH

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Advocate for the Respondent : PP, ASSAM, MS F HUSSAIN, (AMICUS CURIAE, R2),MS. K BHATTACHARYYA (LEGAL AID COUNSEL FOR R-2)

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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02.07.2026

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Heard Mr. K. Jain, learned counsel for the petitioner. Also heard Mr. M.P Goswami, learned Additional Public Prosecutor for the State and learned Amicus Curiae, Ms. F. Hussain is present for the respondent no.2.

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This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Arun Jain , has prayed for bail as he is behind Bars since 14.05.2026 in connection with Special POCSO Case No.13/2026 arising out of Rangia P.S Case No. 116/2026, registered under Sections 75(i)(ii)/76/351(2) of BNS, 2023, R/W Section 8, POCSO Act, 2012, R/W Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015.

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The allegation against the petitioner is that he had sexually assaulted several victims of Rangia Girls High Secondary School while taking measurements for their uniforms.

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The learned Additional Public Prosecutor and the learned Amicus Curiae have raised serious objections stating that the trial will be adversely affected, if the petitioner is enlarged on bail.

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I have considered the submissions at the Bar with circumspection.

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I have also scrutinized the trial court records along with the case diary.

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I have considered the submissions that the petitioner is an elderly man aged 56 years. I have also considered the submission that charge-sheet has been laid against the petitioner and that the petitioner is willing to cooperate with the trial. The petitioner is a local resident and is not a flight risk. The petitioner is the father of two teenagers.

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It appears that bail may be granted to the petitioner under certain conditions. The petitioner has pledged is to abide by any bail conditions, if imposed upon him.

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Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with a local surety of like amount subject to the satisfaction of the learned trial court with following conditions:

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