Gauhati High Court

AB/710/2026 of SURAT LAL CHAUHAN AND ANR Vs THE STATE OF ASSAM AND ANR on 26 April 2026

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GAHC010068022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/710/2026 SURAT LAL CHAUHAN AND ANR SON OF SRI JAGADISH CHAUHAN RESIDENT OF VILL-MAILOO BIHARI BASTI, P.S. KHERONI, DIST. WEST KARBI ANGLONG, ASSAM. 2: SRI DHARMENDAR

GAHC010068022026

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THE GAUHATI HIGH COURT

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

Case No. : AB/710/2026

SURAT LAL CHAUHAN AND ANR

SON OF SRI JAGADISH CHAUHAN

RESIDENT OF VILL-MAILOO BIHARI BASTI, P.S. KHERONI, DIST. WEST

KARBI ANGLONG, ASSAM.

2: SRI DHARMENDAR CHAUHAN

SON OF LATE BHOLA CHAUHAN

RESIDENT OF VILL-MAILOO RAMPUR BASTI NO. 2 (PRESENTLY MAILOO

BIHARI BASTI)

P.S. KHERONI

DIST. WEST KARBI ANGLONG

ASSA

VERSUS

THE STATE OF ASSAM AND ANR

REP BY THE PP, ASSAM

2:SRI MURAT CHAUHAN

SON OF SRI DHONAI CHAUHAN

RESIDENT OF VILL- MAILOO BIHARI BASTI

P.S. KHERONI

DIST. WEST KARBI ANGLONG

ASSAM

Advocate for the Petitioner : MR. R BORA, MS R MEDHI

Advocate for the Respondent : PP, ASSAM,

B E F O R E

HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

27.04.2026 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor.

2. This an application filed under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the petitioners in Special POCSO Case No. 20/2025 pending in the Court of the learned Special Judge (POCSO), West Karbi Anglong at Hamren.

3. The gist of the allegation is that the main accused, one Bobby Dayal Chauhan, kidnapped the minor daughter of the informant on 12.06.2017 while she was going to school along with her aunt. Since then, she has been missing. The main accused and the co-accused were arrested and after completion of investigation, the I.O had submitted the charge sheet. The section invoked against the main accused are Sections 365, 368, 376(2)(i) IPC r/w Section 6 of the POCSO Act, whereas, the Section involved against the present petitioner is only under Section 368 IPC.

4. It is submitted on behalf of the petitioners that the present petitioners being the brothers and cousins of the father of the main accused, reside in separate households, and they have no role in concealing or confining the present victim of the case.

5. The learned Addl. Public Prosecutor opposes the prayer for pre-arrest bail.

6. Having regard to the material available against the present petitioners and the fact that the investigation has been completed, it may not be necessary to take the present petitioners into custody at this stage.

7. Accordingly, the prayer for bail is allowed.

8. The petitioners shall be released on bail in furnishing a bond of Rs. 50,000/- (rupees fifty thousand) each, with two sureties of the like amount to the satisfaction of the arresting authority. It is further directed that the petitioners should fully cooperate with the trail if one commences and shall not try to influence the witnesses or tamper with the evidence.

9. Petition stands disposed of accordingly.

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