Gauhati High Court
Bail Appln./2346/2026 of MAHESWAR ROY ALIAS SUSANTA ROY Vs THE STATE OF ASSAM AND ANR on 2 September 2026
GAHC010172872026 2026:GAU-AS:12779 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2346/2026 MAHESWAR ROY ALIAS SUSANTA ROY S/O-SUNIL ROY R/O-VILL-SHAKTI ASARAM. P.S.- FAKIRAGRAM. DIST- KOKRAJHAR. ASSAM VERSUS THE STATE OF ASSAM AND
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GAHC010172872026
2026:GAU-AS:12779
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2346/2026
MAHESWAR ROY ALIAS SUSANTA ROY
S/O-SUNIL ROY
R/O-VILL-SHAKTI ASARAM. P.S.- FAKIRAGRAM. DIST- KOKRAJHAR.
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE P.P, ASSAM
2:SMTI NIJARA PATHAK RAY
W/O-SRI MAHANTA RAY
R/O VILL- SINGIMARI
P.S.- FAKIRAGRAM
DISTRICT KOKRAJHAR
ASSAM
PIN-778334
Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT
Advocate for the Respondent : PP, ASSAM, J U AHMED(R2)
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BEFORE
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
03.09.2026 Heard Mr. T. Chutia, learned counsel for the petitioner. Also heard and Mr. J U Ahmed, learned counsel for respondent No. 2 and has submitted that the Vakalatnama had been filed yesterday. Mr. K K Parashar, learned Addl. P.P appears for the State.
2. The present petition is filed under Section 483 of the BNSS, 2023 for grant of bail to the petitioner in connection with Fakiragram P.S. Case No. 32/2026 under Section 329(3)/117(2)/75(1)/76/109(1)/3(5) BNS, 2023 r/w Section 8 of the POCSO Act.
3. It has been submitted by the learned Addl. PP that the investigation has culminated in Charge-sheet No. 29/2026 dated 21.08.2026.
4. The learned counsel for the petitioner submits that the petitioner would appear before the learned Trial Court to participate in the investigating proceeding.
5. The petitioner was granted an interim protection by this Court by the order dated 18.08.2026, noticing that the F.I.R did not revealed the sexual intent required under Section 8 of the POCSO Act. This was however a prima facie view and shall not either affect the Charge-sheet or Trial, if it commences.
6. Since the petitioner was granted the privilege of bail during the period of investigation, this Bail Application is closed on the submission of the Charge- sheet, giving the petitioner liberty to appear before the learned Trial Court and seek such privilege, as may be allowed in law. JUDGE Comparing Assistant