Gauhati High Court
Bail Appln./3955/2025 of ABU ABBAS JAHARUL ALAM SIDDEQUI Vs THE STATE OF ASSAM on 17 February 2026
GAHC010271652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3955/2025 ABU ABBAS JAHARUL ALAM SIDDEQUI SON OF NAYEM, UDDIN SIDDEQUI, RESIDENT OF GUASPUR,P.0- JANAKALYAN BAZAR,KARIMGANJ, P.S SRIBHUMI,ASSAM VERSUS THE STATE
GAHC010271652025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3955/2025
ABU ABBAS JAHARUL ALAM SIDDEQUI
SON OF NAYEM, UDDIN SIDDEQUI, RESIDENT OF GUASPUR,P.0- JANAKALYAN BAZAR,KARIMGANJ, P.S SRIBHUMI,ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
2:HADRUL HOQUE
S/O LATE SIRAJ UDDIN
RESIDENT OF VILLAGE GAUSPUR
PO JANAKALYAN BAZAR
PS KARIMGANJ
DIST SRIBHUMI
ASSAM 78872
Advocate for the Petitioner : MR. R DUBEY, MS N B KAYASTHA,MS. A B KAYASTHA,MR. A
N I HUSSAIN
Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE R2)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 18-02-2026 Heard Mr. R. Dubey, learned counsel for the petitioner. Also heard Mr.
B. Sarma, learned Addl. P.P appearing for the State and Mr. S. Nawaz, learned Amicus curiae appearing for the respondent No.2. Perused the Trial Court Record. The learned Amicus curiae has submitted that there does not appear any apprehension on the part of the alleged victim and the different records show that she was a consenting adolescent while visiting the house of the accused. The learned counsel for the petitioner has submitted that the alleged victim has eloped with the accused as consented. In such circumstances, as no threat has been apprehended by the victim as of now, this Court deems it fit that the accused/petitioner be granted the privilege of bail. Accordingly, this Court, directs that the petitioner be released on bail on furnishing a bond of Rs. 20,000/- with two suitable sureties of the like amount, at least one who should have immovable property, to the satisfaction of the learned Special Judge (POCSO), Sribhumi subject to the following conditions;
i) The petitioner shall not leave territorial jurisdiction of the learned Special Judge (POCSO) 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 (POCSO), as and when directed to do so.
vi) The learned Special Judge (POCSO), shall be at liberty to impose such other conditions 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 of similar nature in the future.
viii) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. In the event, the petitioner defaults in appearing before the learned Trial Court, on a date, which may be fixed by the learned Trial Court, the learned Trial Court would be at liberty to form its own opinion whether there has been an attempt to delay the trial proceedings and to consider cancellation of the bail. With the aforesaid observations and directions, this bail application stands disposed of. JUDGE Comparing Assistant