Nobiul Islam Vs the State of Assam and Anr.

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.

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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.

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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 94^th 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.

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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.

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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.

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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.

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8. In the instant case, there is no other material to show that the chargesheet against the present petitioner was placed before the learned Additional Sessions Judge, Bilasipara prior to 05.02.2026. As such, the charge-sheet has

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been placed before the Court on the 94^th 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.

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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:-

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(I) That the petitioner shall co-operate in the investigation;

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(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.

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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.

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11. This bail application is accordingly disposed of.

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JUDGE

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Nobiul Islam v. the State of Assam and Anr.

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Nobiul Islam v. the State of Assam and Anr.

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