Gauhati High Court
AB/2562/2024 of BILLAL SHEIKH Vs THE STATE OF ASSAM AND ANR. on 28 April 2026
GAHC010198862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2562/2024 BILLAL SHEIKH S/O ABUBAKKAR SHEIKH VILL- DOLGOMA BUDURCHAR P.S. MATIA DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:ENNAS ALI
GAHC010198862024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2562/2024
BILLAL SHEIKH
S/O ABUBAKKAR SHEIKH
VILL- DOLGOMA BUDURCHAR
P.S. MATIA
DIST. GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:ENNAS ALI
S/O SIRAJ ALI
VILL- SOYSIMANA
P.S. ALOPATICHAR
DIST. BARPETA
ASSA
Advocate for the Petitioner : MR. P RAHMAN, MR S K CHHETRY,MR. N UDDIN,MR S
ISLAM
Advocate for the Respondent : PP, ASSAM, MS. M K BROWN
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 29 .04. 2026 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent No. 1.
Also heard Ms. M.K. Brown, learned Amicus Curiae representing the respondent No. 2.
2. This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 filed by the petitioner namely, BILLAL SHEIKH, praying for granting pre-arrest bail, apprehending arrest in connection with Special POCSO Case No. 112/2022, (arising out of Alopati Char P.S. Case No. 88/2020) registered under Sections 365/376/34 IPC, read with Section 4 of the POCSO Act.
3. The allegation as per the FIR against the petitioner is that one Ashraful had kidnapped the minor daughter of the informant and kept her at the house of his uncle i.e. the present petitioner and forcefully established physical relationship with her. After getting information from secret source she was brought back in the presence of 4/5 prominent persons of the locality.
4. Scanned copy of the TCR as called for has been received.
5. A perusal of the statements of the victim recorded before the police and the Magistrate as well as the contents of the FIR reveals serious discrepancies as far as the allegations against the present petitioner is concerned and the FIR itself was lodged belatedly after about 20 days and even then no allegation of sexual intercourse or assault has been made against the present petitioner in the said FIR. The investigation of the case is already over and charge sheet has been submitted showing the petitioner as an absconder.
6. Having regard to the above, I am of the view that the petitioner is entitled to be protected from arrest. Accordingly, the prayer for pre-arrest bail is allowed and it is directed that the petitioner in the event of his arrest, whether pursuant to NBWA issued against him or otherwise shall be released on bail of Rs. 50,
000/- (Rupees fifty thousand) only with a surety of the like amount to the satisfaction of the arresting authority in connection with the aforesaid case.
7. It is further provided that the petitioner:-
(i) shall appear before the learned trial court within a period of 14 days from today;
(ii) shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or any other police officer, in any manner; and
(ii) shall not hamper the investigation or tamper with the evidence of the case.
8. The petition stands allowed and disposed of accordingly.
JUDGE Comparing Assistant