Gauhati High Court
Bail Appln./1875/2026 of NEKIB ALI Vs THE STATE OF ASSAM AND ANR on 19 July 2026
GAHC010139942026 2026:GAU-AS:9913 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1875/2026 NEKIB ALI S/O ABBAS ALI R/O BAREGAON, P.S. KAMALPUR, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD
GAHC010139942026
2026:GAU-AS:9913
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1875/2026
NEKIB ALI
S/O ABBAS ALI
R/O BAREGAON, P.S. KAMALPUR, DISTRICT KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:MD BITUL ALI
S/O LATE BABULAL ALI
R/O VILLAGE CHILA
P.S. CHANGSARI
DISTRICT KAMRUP
ASSA
Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 20-07-2026 Heard Mr. S. Haque, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Addl. PP for the State.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Nekib Ali, praying for grant of bail in connection with Changsari P.S. Case No.116/2026 under Sections 126(2)/351(2)/351(3) of the BNS Act R/W Section 12 of POCSO Act. The petitioner was arrested during investigation on 19-05-2026.
3. The gist of allegation that the FIR dated 18-05-2026 lodged by the father of the alleged victim girl is that she is aged about 17 years and in the past few months the accused petitioner has been harassing her and creating morphed photos and videos and circulated on social media as a result of which the informant's daughter suffered mental disorder. It is also alleged that he disturbs her in front of college and threatens to throw acid on her body.
4. The learned counsel fairly submits that this is a subsequent bail application as the earlier one was rejected on 26.06.2026 in BA/1586/2026. The learned counsel submits that in the event investigation is not yet completed, the statutory period of 60 (sixty) days stands completed.
5. Mr. K.K. Das, learned Addl. PP submits in his usual fairness that the case diary has been received and though service upon the informant is not yet compete, but investigation is still continuing.
6. As the period of detention has completed 61 days and final form is not yet submitted, the petitioner has become entitled to get default bail.
7. Accordingly, the petitioner 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, Kamrup, Amingaon with the further conditions that:-
(i) he shall cooperate with the remaining investigation;
(ii) he shall not hamper or tamper with the evidence(s);
(iii) he shall not in any manner intimidate, harass or cause any harm to the victim girl.
8. Violation of any of the bail conditions would entail cancellation of the bail.
9. Bail application stands disposed of.
10. Return the case diary. JUDGE Comparing Assistant