Bail Appln./1782/2026 of NEKIB UDDIN Vs THE STATE OF ASSAM AND ANR on 24 August 2026

ORDER

Date : 25-08-2026 Heard Mr. S. G. Baruah, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional PP for the State and Ms. P. Sarma, learned Amicus Curiae representing the informant/respondent No. 2.

2. Invoking section 483 BNSS, the petitioner herein namely, Nekib Uddin, is seeking regular bail in connection with Special (POCSO) Case No. 28/2026 under section 137(2)/351(3)/64(1) of BNS read with section 4 of the POCSO Act, which is stated to be pending before the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur.

3. The case has arisen out of an FIR dated 23.02.2026 lodged by the sister-in-law of the alleged victim woman resulting in registration of Laluk PS Case No. 50/2026. The petitioner was arrested on 23.02.2026 and continues to be in under trial detention.

4. Ms. Baruah, learned counsel has taken the court through the statement of the victim recorded by the police as well as before the learned JMFC. The case is stated to be at the stage of trial and prosecution witnesses have been examined and 8 witnesses have been listed in the chargesheet.

5. The learned counsel for the petitioner has submitted before this Court certified copies of the depositions of the informant, the MO and the victim.

It is revealed from the depositions that 4 (four) days prior to the lodging of the instant FIR, another FIR dated 19.02.2026 was lodged by the wife of the present accused against the husband of the informant alleging commission of rape. It is also revealed from the materials including the testimonies of the witnesses that there was an attempt of compromise of the matter which was refused, whereupon, there was a threat to lodge a false case.

6. The learned Additional PP submits that per se allegations have been made for offences under the POCSO Act but the said aspect of the previous case has emerged from the materials projected from the petitioner side.

7. Ms. Sarma, learned Amicus Curiae submits that the trial is not yet completed and there are apprehensions about manipulation of witnesses upon granting of bail at this stage and therefore, the learned Amicus Curiae opposes the grant of bail at this stage.

8. I have perused the materials and considered the submissions of the learned counsels.

9. This court cannot express any opinion on the merit of the matter as the same is undergoing trial. However, considering the length of detention, the progress of trial and the attendant facts and circumstances, the accused should be granted bail at this stage.

10. In such view of the matter, in the event the petitioner is arrested in connection with this case, he shall be allowed to go to bail on furnishing a bail bond of Rs. 30,000/- (rupees thirty thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Lakhimpur, North Lakhimpur, subject to the conditions that:-

(i) He will be available for the remaining trial;

(ii) He will not hamper or tamper with evidence;

(iii) He will not cause any harassment, harm or intimidation upon the victim in any manner.

11. Violation of any of the bail conditions would entail cancellation of the bail.

12. The certified copies of the depositions produced by the learned counsel for the petitioner shall be made part of the record.

13. Bail petition stands allowed and disposed of.

JUDGE Comparing Assistant