Gauhati High Court
Bail Appln./2374/2026 of SHAHIN BORBHUIYAN ALIAS SIHAN BHUYAN ALIAS SHAHIN BORBHYAN Vs THE STATE OF ASSAM AND ANR on 13 September 2026
GAHC010174452026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2374/2026 SHAHIN BORBHUIYAN ALIAS SIHAN BHUYAN ALIAS SHAHIN BORBHYAN C/O ARJU ARA BEGUM HOUSE NO. 4 HEMBARUAH PATH, MATHURA NAGAR, P.S. DISPUR, GUWAHATI, DISTRICT-KAMRUP
GAHC010174452026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2374/2026
SHAHIN BORBHUIYAN ALIAS SIHAN BHUYAN ALIAS SHAHIN BORBHYAN
C/O ARJU ARA BEGUM
HOUSE NO. 4 HEMBARUAH PATH, MATHURA NAGAR, P.S. DISPUR, GUWAHATI, DISTRICT-KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:MRIDUL KALITA
S/O LATE PRADIP KALITA
VILLAGE-DEKAPARA. P.S. AZARA
DISTRICT-KAMRUP (METRO)
ASSAM
PIN-78101
Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K
DAS
Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE R2
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 14.09.2026 Heard Mr. A. Choudury, learned counsel for the petitioner and Ms. S.H. Borah, learned Addl. PP for the State respondent. Also heard Ms. T. Parashar, learned Amicus Curiae, representing the respondent No. 2.
2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Shahin Borbhuyan @ Sihan Bhuyan @ Shahin Borbhyan, who was arrested on 27.07.2026 in connection with Azara P.S. Case No. 101/2026 registered under Sections 74/ 75/ 79/ 351 (3)/ 3(5) of the BNS, 2023, read with Sections 8/ 12/ 17 of the POCSO Act, 2012.
3. The allegation against the petitioner is that the minor victim used to attend the guitar classes with the petitioner who sent her obscene messages on the mobile phone and subjected to her to physical misconduct and sexual harassment and when she stated that she would inform her parents, the accused person threatened her of dire consequences.
4. The case dairy as called for has not been received. A perusal of the order dated 10.08.2026 of the learned Special Judge (POCSO), Kamrup (M), Guwahati reflects that the statement of the victim recorded under Section 183 of the BNSS prima facie reveals complicity of the accused in the alleged offence. The TCR of the case has been received instead of C.D. The said TCR, contains the WhatsApp messages between the petitioner and the victim. The bail prayer of the petitioner was rejected by the learned Special Judge (POCSO) on 10.08.2026 which was at the initial stage of the investigation and the forwarding report shows that the police did not seek police remand of the petitioner. In the meantime, the petitioner has spent 49 days in the custody. The alleged offences attracts penalty of 7 years imprisonment.
5. Having regard to the above, while taking note of the objection of the learned additional PP and the Amicus Curiae, the prayer for bail is allowed
6. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two securities of like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati in connection with the aforementioned case. It is provided that the petitioner shall appear before the I.O. for further investigation as and when called by the IO and shall not try to tamper with the evidence or hamper the investigation of the case in any manner and shall not intimidate to any persons acquainted with the facts of the case.
7. The petition stands allowed.
JUDGE Comparing Assistant