Gauhati High Court

Bail Appln./2608/2026 of SAHEB MIYA Vs THE STATE OF ASSAM AND ANR on 22 September 2026

Cites 0, Cited by 0

GAHC010190642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2608/2026 SAHEB MIYA S/O MOTABAR MIYA, R/O BARAGDIA, P.S.- SARTHEBARI, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC

GAHC010190642026

undefined

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2608/2026

SAHEB MIYA

S/O MOTABAR MIYA, R/O BARAGDIA, P.S.- SARTHEBARI, DISTRICT- BARPETA, ASSAM

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

2:SUKUR ALI

S/O RANJAN ALI

R/O BARMARA

P.O. AND P.S.- SARTHEBARI

DISTRICT- BARPETA

ASSA

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I A

HAZARIKA

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

Date : 23.09.2026 Heard Mr. I.A. Hazarika, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. PP for the State respondent No. 1. Also heard learned counsel for the respondent No. 2.

2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Saheb Miya, who was arrested on 10.03.2026 in connection with Special POCSO Case No. 23/2026 (arising out of Sarthebari P.S. Case No. 150/2025) registered under Section 140(3) of the BNSS, 2023, added Section 6 of the POCSO Act, 2012, pending in the Court of the learned Addl. Sessions Judge-cum- Special Judge (POCSO), Barpeta.

3. The allegation against the petitioner is commission of penetrative sexual assault upon the victim by the petitioner. The petitioner was arrested on 10.03.2026 and in the meantime, charge sheet has already been submitted. An affidavit has been sworn by the victim and the informant stating her age to be 18 years wherein it is stated that she had love affair with the accused and they have come to a settlement to solemnize marriage between the victim and the petitioner and the victim and the petitioner had attained majority.

4. The learned counsel for the informant/ respondent No. 2 has also submitted that he has no objection in view of the impending marriage.

5. The scanned copy of the TCR including the case diary is received and perused.

6. Having regard to the above as well as the fact that the learned counsel for the informant has no objection for granting bail, further detention of the petitioner may not be necessary. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Barpeta in connection with the aforementioned case.

7. It is provided that the petitioner shall cooperate in the trial as and when trial commences and shall not try to tamper with the evidence or hamper the investigation of the case and shall not intimidate to any persons acquainted with the facts of the case in any manner.

8. The petition stands allowed.

JUDGE Comparing Assistant

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead