Gauhati High Court

Bail Appln./3738/2025 of SADDAM HUSSAIN Vs THE STATE OF ASSAM AND ANR on 24 February 2026

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GAHC010255152025 2026:GAU-AS:2934 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3738/2025 SADDAM HUSSAIN S/O LATE SURAB ALI R/O HOUSE NO 36, BYE LANE NO 5, ABC TARUN NAGAR, PS BHANGAGARH, PO DISPUR, GUWAHATI 781005, DISTRICT KAMRUP

GAHC010255152025

2026:GAU-AS:2934

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./3738/2025

SADDAM HUSSAIN

S/O LATE SURAB ALI

R/O HOUSE NO 36, BYE LANE NO 5, ABC TARUN NAGAR, PS

BHANGAGARH, PO DISPUR, GUWAHATI 781005, DISTRICT KAMRUP (M), ASSAM

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

2:ASHISH KEDIA

SON OF LT. ASHOK KEDIA

SUBHAM BUILDWELL

B2 FLAT NO. ZOO ROAD

P.S. GEETANAGAR

IN THE DISTRICT OF KAMRUP (METRO)

ASSA

Advocate for the Petitioner : MRS. B GOGOI, MS M BORAH,MR. M K SHARMA

Advocate for the Respondent : PP, ASSAM, DARAK ULLAH, AMICUS CURIAE FOR R-2

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

Date : 25.02.2026

1. Heard Mrs. B. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P and Mr. DarakUllah, learned Amicus Curiae for respondent No.2.

2. This is an application under Section 483 of BNSS praying for granting bail to the Accused/ petitioner, namely, Saddam Hussain, who is behind bars since 18.07.2025 in connection with Bhangagarh P.S. Case No. 119/2025 registered under Section 308(3) of BNSS, 2023 read with Section 8 and 15 of the POCSO Act, 2012, read with Section 67(B) of the Information Technology Act, 2000.

3. The Trial Court records that the statement of the victim has been recorded.

4. The petitioner has been behind bars for around 270 days.

5. Having gone through the records and submissions, this Court is of the view that, keeping in mind the length of detention and the young age of the petitioner, the petitioner can be enlarged on bail subject to strict conditions, which would not hamper the ongoing trial and would not cause inconvenience to the alleged victim

6. In the circumstances, the petitioner is directed to be released on bail, if not wanted in connection with any other case, on furnishing a bond of Rs. 30,000/- with two sureties of the like amount, one of which shall be local resident within the jurisdiction of the Trial Court, subject to the following conditions:

i. The petitioner shall appear before the Investigation Officer of the aforesaid case as and when he is required for necessary investigation.

ii. The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without obtaining prior written permission from the concerned Investigating Officer of the case.

iii. The petitioner shall not hamper with the investigation, or tamper with the evidence of the case.

iv. The petitioner 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 them from disclosing such facts to the Court or to any Police Officer. v. The petitioner shall not involve himself in any criminal activities in future

vi. The petitioner shall not enter the locality.

vii. The petitioner shall not contact the victim or family members or any other witness in any manner whatsoever.

viii. The petitioner shall not indulge in social media activities during the period of the trial in any manner whatsoever.

7. In case of any violation of the aforesaid terms and conditions by the petitioner Saddam Hussain, the bail granted to him shall stand liable to be revoked.

8. The bail application stands disposed of.

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