Gauhati High Court
Bail Appln./329/2026 of SOBED ALI Vs THE STATE OF ASSAM AND ANR on 22 February 2026
GAHC010014052026 2026:GAU-AS:2811 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./329/2026 SOBED ALI S/O LATE JOYEN SK. @ BEPARI R/O VILL- KOKRADANGA (FULERCHAR PART-II) P.S. SOUTH SALMARA, DIST.SOUTH SALMARA MANKACHAR, ASSAM,
GAHC010014052026
2026:GAU-AS:2811
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./329/2026
SOBED ALI
S/O LATE JOYEN SK. @ BEPARI
R/O VILL- KOKRADANGA (FULERCHAR PART-II) P.S. SOUTH SALMARA, DIST.SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:AFIUL HUSSAIN
S/O NASER ALI MANDAL
R/O VILL- KOKRADANGA
P.S. SOUTH SALMARA
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783128
Advocate for the Petitioner : MR S DEWRI, TAWHID LASKAR,MR A DEKA
Advocate for the Respondent : PP, ASSAM, MR. D K BHATTACHARJEE(AMICUS CURIAE)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 23.02.2026 Heard Mr. S. Dewri, learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State and Mr. D.K. Bhattacharjee, learned Amicus Curiae appointed in the matter.
2. This is an application under Section 483 of the BNSS, 2023 for grant of regular bail to the accused person, namely Sobed Ali, who is in judicial custody since 20.06.2025 in connection with Special POCSO Case No. 55/2025, under Section 75/115(2) of the BNS 2023, read with Section 10 of POCSO Act, arising out of South Salmara P.S. Case No. 63/2025, which is pending before the Court of Special Judge (POCSO), South Salmara Mankachar, Assam.
3. The scanned copy of the trial records have been received and perused. The submissions made by the learned counsel have been considered. The statement of the victim and the informant has already been recorded in the trial Court. Upon perusal of the same, this Court is prima facie inclined to grant bail to the accused.
4. Accordingly, the petitioner is directed to be released on bail, if not wanted to in any other case, in the event of his furnishing a bail bond of Rs. 15,000/- with two sureties of the like amount to the satisfaction of the learned Special Judge, South Salmara Mankachar and also subject to the following to the conditions;
(i) The petitioner shall not leave the territorial jurisdiction of the learned Special Judge without prior written permission.
(ii) The petitioner shall not hamper and tamper with the evidence of the case;
(iii) 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 him from disclosing such facts to the Court or to any Police Officer.
(iv) The petitioner shall not try to contact the victim or the informant in any manner, whatsoever, till conclusion of the trial.
(v) The petitioner shall appear before the learned Special Judge, as and when required and directed to do so.
(vi) The learned Special Judge, shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial.
(vii) The petitioner shall not engage in any illegal activity.
(viii) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed upon the notice of the competent court and request for a recall/cancellation of bail. The bail application is stands disposed of. JUDGE Comparing Assistant