Gauhati High Court
Bail Appln./2225/2026 of BIKI BAIDYA Vs THE STATE OF ASSAM AND ANR on 25 August 2026
GAHC010161182026 2026:GAU-AS:12272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2225/2026 BIKI BAIDYA S/O - LT. BIPUL BAIDYA, VILL- GANDHIBOSTI P.O - SILPUKHURI P.S - CHANDMARI DIST. - KAMRUP (M) VERSUS THE STATE OF ASSAM AND ANR
GAHC010161182026
2026:GAU-AS:12272
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2225/2026
BIKI BAIDYA
S/O - LT. BIPUL BAIDYA, VILL- GANDHIBOSTI P.O - SILPUKHURI P.S - CHANDMARI DIST. - KAMRUP (M)
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY P.P. ASSAM
2:FARIDA BEGUM
W/O. LT. MAHOR ALI
R/O GANDHIBOSTI
SABON FACTORY. P.O - SILPUKHURI
P.S.- CHANDMARI
DIST. - KAMRUP (M) PH. NO. 912634332
Advocate for the Petitioner : MS. S DEVI, MR N AHMED
Advocate for the Respondent : PP, ASSAM, MS N HASSAN, AMICUS CURIAE R2
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
26.08
. 2026 Heard Ms. S. Devi, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P for the State of Assam and Ms. H. Hassan, learned
Amicus Curiae, appears to protect the interest of respondent No.2.
2. This is an application under Section 483 of the BNSS, 2023, for granting of regular bail to the petitioner, namely, Biki Baidhya, who was arrested on 02.05.2026 and has been behind bars till date, in connection with Chandmari P.S. Case No. 46/2026, under Section 87 of the BNS, 2023 read with Section 4 of the POCSO.
3. The scanned copy of the TCR call for has been received.
4. The allegations in the FIR are that the daughter of the informant had left the home with the petitioner but could not be traced after much searching.
5. The petitioner had thereafter been arrested on 02.05.2026.
6. The deposition of the alleged victim under Section 183 of the BNSS had been given along with the bail petition, and I have gone through the same. It does not seem to indicate that the petitioner had used any force or coercion on the victim.
7. The petitioner is a young boy aged about 18 years. The matter has been charge-sheeted.
8. Learned Addl. P.P and learned Amicus Curiae have objected to the prayer for bail.
9. In the present circumstances, I am of the considered opinion that keeping in view the young age of the petitioner and the story projected by the victim before the learned Magistrate, the petitioner can be granted the privilege of bail.
10. Accordingly, the petitioner shall be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Special Judge, POCSO, Karump, (M), Guwahati.
11. The petitioner shall not in any manner interact, entice or threaten either the victim or her family members during the period when he remains on bail.
12. Violation of any of the conditions aforesaid would lead to cancellation of the bail.
13. The learned Special Judge shall be at liberty to impose such other conditions on the petitioner as may be deemed fit to ensure his participation during the trial proceedings.
14. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant