Gauhati High Court
Bail Appln./1998/2026 of SRI ANANTA HATIBORUAH ALIAS BHADAI Vs THE STATE OF ASSAM AND ANR on 7 September 2026
GAHC010147972026 2026:GAU-AS:13023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1998/2026 SRI ANANTA HATIBORUAH ALIAS BHADAI S/O SRI JOY KANTA HATIBORUAH RESIDENT OF VILLAGE RAJABAHAR GOHAIN GAON, P.S. BORHOLLA DISTRICT JORHAT,
GAHC010147972026
2026:GAU-AS:13023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1998/2026
SRI ANANTA HATIBORUAH ALIAS BHADAI
S/O SRI JOY KANTA HATIBORUAH
RESIDENT OF VILLAGE RAJABAHAR GOHAIN GAON, P.S. BORHOLLA
DISTRICT JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:JONAKI KURMI
C/O SMT. DURGAVATI KURMICHERELI GOHAIN GAON
POLICE STATION BORHOLLA
DISTRICT JORHAT
ASSAM
Advocate for the Petitioner : MR P J DAS, Advocate for the Respondent : PP, ASSAM, MR. U SAIKIA, AMICUS CURIAE R2
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 08.09.2026 Heard Mr. P.J. Das, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Ananta Hatiboruah @ Bhadai has prayed for releasing him on bail after he was arrested on 30.06.2026 in connection with Case No. Borholla Police Station Case No.34/2026 corresponding to GR Case No. 165/2026, registered under Sections 329(4)/75(2)/351 of the BNS, 2023 read with Section 8 of the POCSO Act, 2012 pending in the Court of learned Court of Special Judge, Jorhat.
3. The allegation against the petitioner was that the petitioner hugged the victim, who is aged about 15 years and proposed to her.
4. The investigation of the case is over and charge-sheet has been submitted.
5. The petitioner was arrested on 30.06.2026 and since then has spent 70 days in custody.
6. Having regard to the nature of allegation as well as the period of detention undergone by the petitioner, prayer for bail is allowed. Accordingly, it is directed that the petitioner shall be released on a bail bond of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Borholla Police Station Case No.34/2026 corresponding to GR Case No. 165/2026, registered under Sections 329(4)/75(2)/351 of the BNS, 2023 read with Section 8 of the POCSO Act, 2012 pending in the Court of learned Court of Special Judge, Jorhat.
7. It is further provided that the petitioner shall regularly participate in the trial and shall not try to tamper with the remaining witnesses.
8. Accordingly, the bail application stands disposed of.
JUDGE Comparing Assistant