Gauhati High Court
Crl.Rev.P./388/2026 of ADITYA GOUR Vs THE STATE OF ASSAM on 12 August 2026
GAHC010158252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./388/2026 ADITYA GOUR S/O RAJ KUMAR GOUR R/O VILL. NO. 2 SINGRIBARI MOUZA SEKHAR, P.O. KHAGRABARI P.S. DIMAKUCHI DIST. UDALGURI, ASSAM PIN-784527 VERSUS THE STATE
GAHC010158252026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./388/2026
ADITYA GOUR
S/O RAJ KUMAR GOUR R/O VILL. NO. 2 SINGRIBARI MOUZA SEKHAR, P.O.
KHAGRABARI P.S. DIMAKUCHI DIST. UDALGURI, ASSAM PIN-784527
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : DARAK ULLAH, MS. S T NESSA,DEBAKSHI BORA,MS A
HUSSAIN,SABRISH AHMED
Advocate for the Respondent : PP, ASSAM, BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
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ORDER
13.08.2026 Heard Mr. S. Ahmed, learned counsel for the petitioner and also heard Ms. B. Bhuyan, learned Senior counsel-cum-Additional Public Prosecutor, Assam, assisted by Ms. R. Saloi, appearing for the State respondent.
2. In this petition under Section 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has challenged the order dated 26.05.2026, passed by the learned Special Judge, Kamrup, Rangia, in connection with Kamalpur P.S. Case No.35/2026 under Section 319(2)/65(1)/351(2) of BNS, 2023 read with Section 4 of the POCSO Act. It is to be noted here that vide impugned order dated 26.05.2026, the learned Special Judge, Kamrup, Rangia, has rejected the petition filed by the petitioner seeking custody of the seized mobile phone (One Plus Nord 256GB+12GB), bearing phone No.7022815832 and the Aadhaar Card of the petitioner.
3. It is also to be noted here that vide order dated 04.08.2026, the learned Addl. P.P. was directed to obtain one report from the concerned I.O. regarding the status of investigation of the case.
4. Today, Ms. Bhuyan, learned Addl. P.P. has produced the report of the I.O. dated 12.08.2026 and perusal of the same indicates that after completion of investigation, the I.O. laid charge-sheet, being Charge-Sheet No.34/2026, dated 19.06.2026 and it is stated in the said report that the mobile phone is not further require, as the case has already been charge-sheeted and now pending before the Trial Court.
5. After hearing the learned counsel for both the parties and also considering the report submitted by the I.O. and also considering the facts and circumstances on the record, it is provided that the Aadhaar Card seized from the petitioner herein, shall be released on his executing a bond of Rs.20,000/- and on the condition that he will produce the same before the learned Trial Court as and when directed.
6. And so far the mobile phone is concerned, it appears from the documents placed on record that it contains some objectionable videos and if the same is released in favour of the petitioner, he may upload the videos in the social media platforms and further the same may be required during the course of trial. And therefore, the prayer in respect of the mobile is rejected. However, liberty is granted to the petitioner to approach the learned Trial Court and the learned Trial Court will examine as to whether the mobile phone will be required during trial and thereafter, to pass necessary order on such petition being filed by the petitioner herein.
7. In terms of above, this criminal revision petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE