Gauhati High Court

Bail Appln./252/2026 of SAHIDUL ISLAM @ SOHIDUL ISLAM Vs THE STATE OF ASSAM AND ANR on 22 July 2026

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GAHC010013412026 2026:GAU-AS:10136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./252/2026 SAHIDUL ISLAM @ SOHIDUL ISLAM S/O- MD. JALIL ALI. R/O- SAULKHUWAPAR KUDNIKUCHI, P.S.- MUKALMUA, DIST.- NALBARI, ASSAM. VERSUS THE STATE OF

GAHC010013412026

2026:GAU-AS:10136

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./252/2026

SAHIDUL ISLAM @ SOHIDUL ISLAM

S/O- MD. JALIL ALI.

R/O- SAULKHUWAPAR KUDNIKUCHI, P.S.- MUKALMUA, DIST.- NALBARI, ASSAM.

VERSUS

THE STATE OF ASSAM AND ANR

REP. BY THE PP, ASSAM

2:MAHILI KHATUN

W/O- SAMAD ALI.

R/O- KALAPANI

P.S.- JALUKBARI

GUWAHATI

DIST.- KAMRUP METRO

Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR N RAHMAN,MR. P K

DAS,MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM, MR. A H M R CHOUDHURY (R-2),MS T PARASHAR, AMICUS CURIAE, R2

BEFORE

HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

Date : 23-07-2026 Heard D. Bora, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. PP for the State and Mr. A. H. M. R. Choudhury, learned counsel for the respondent No. 2.

2. By invoking the provisions of Section 483 of the BNSS, 2023 the accused petitioner, Sohidul Islam is seeking regular bail in connection with Sessions (Special) Case No. 71/2025 arising out of Jalukbari P.S. Case No.125/2025, under Section 65 of BNS, 2023 added Section 6 of POCSO Act.

3. The case arose out of an FIR dated 12.03.2025 lodged by the victim’s mother, alleging that the accused, her own son-in-law, had sexually abused her younger daughter aged 15 years and even blackmailed her with her photos and videos. The accused was arrested on 13.03.2025 and since then, he is in custody. It is submitted by the prosecution that though charges have been framed but the trial has not yet been commenced.

4. I have perused the statement of the alleged victim girl recorded under Section 183 BNSS before the learned JMFC and noted the implications therein.

5. The earlier bail petition was rejected on 28.11.2025 in BA/2560/2025.

6. The scanned TCR as called for has been received.

7. It is submitted by the learned Addl. PP that as part of the trial, the victim girl has been examined in the meantime and her deposition is also available and I have perused the same.

8. The learned counsel for the informant submits that at this stage, the informant does not have any objection to the grant of bail to the accused/petitioner.

9. As already stated herein above, the accused/petitioner is in custody since his arrest on 13.03.2025 itself.

10. The chargesheet lists 6 (six) witnesses.

11. As the victim girl has been examined and the petitioner is in detention since the early part of 2025 itself – I am of the considered view that he can be granted bail at this stage, specially as the informant has also not opposed the same at this stage.

12. In such view of the matter, the petitioner, Sahidul Islam @ Sohidul Islam, is allowed to go on bail on furnishing a bail bond of Rs. 50,000/- (rupees fifty thousand) with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup (Metro), with the further conditions that:-

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

(ii) He shall not hamper or tamper with the evidence;

(iii) He shall not intimidate, harass or harm the victim girl in any manner.

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

14. Bail petition stands allowed and disposed of. JUDGE Comparing Assistant

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