The Gauhati High Court dismissed a bail application in a POCSO case. The single judge directed the trial court to examine the medical witness before considering the bail application again, subjectly closing the present application.
Bail application closed; direction to examine medical witness before reconsideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010166322026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2379/2026
KABIR AHMED CHOUDHURY S/O LATE SAUQAT ALI RESIDENT OF VILLAGE S A CHOUDHURY LANE NAGATILLAM P.S. SILCHAR DIST. CACHARASSAM
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM
2:SULTANA BEGUM BARBHUIYA WIFE OF FAIZ UDDIN LASKAR PERMANENT RESIDENT OF SUNDARI PART I P.S. KACHUDARA DIST. CACHAR ASSAM AND PRESENTLY RESIDING AT PESKAR JANGAL KANAKPUR PART-I P.S. SILCHAR DIST. CACHAR ASSAM VILL- ALOMKHANI THAMUA P.S. NILAMBAZAR DIST. SRIBHUMI ASSA
Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN
Advocate for the Respondent : PP, ASSAM, DARAK ULLAH, AMICUS CURIAE (R-2)
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:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
14.09.2026
Heard Mr. H.R. Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Addl. Public Prosecutor, Assam representing Respondent No.1. Mr. D. Ullah, the learned Amicus Curiae appears for the Respondent No.2.
2. This is an application under Section 483 of the BNSS, 2023 in respect of Special (P) Case No.105/2025 pending in the court of learned Addl. Sessions Judge (POCSO), Cachar at Silchar.
3. The allegation brought against the present petitioner in this case is a serious one. I have gone through the evidence of the victim girl.
4. Let the trial court examine the medical witness. After that, the bail application of the petitioner shall be considered again.
With the aforesaid direction, the present bail application is closed and disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted before the medical witness exam.
The procedure for renewing bail consideration.
1 provisions across 1 enactments
Kabir Ahmed Choudhury
The State of Assam
Sultana Begum Barbhuiya
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
