Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 29 January, 2026
Page No.# 1/3
GAHC010186602025
2026:GAU-AS:1005
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2025/2025
ABUBAKKAR SIDDIK
S/O SURHAB ALI
VILL- KAPUR PURA
P.O. HOLLOWKANDA
P.S. LAHARIGHAT
DIST. MORIGAON, ASSAM
PIN-782127.
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:AINUL HOQUE
S/O ABUL HUSSAIN
VILL- BALIDUNGA
P.O. BHURAGAON
DIST. MORIGAON
ASSAM
PIN-78212
Advocate for the Petitioner : MR N ZAMAN, MR M H AHMED
Advocate for the Respondent : PP, ASSAM, A RAHMAN (R2),MR. S. SUR (R2)
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 29.01.2026 Heard Mr. M. H. Ahmed, learned counsel for the petitioner. Also heard Mr. R. Kaushik, learned Additional Public Prosecutor for the State and Mr. S. Sur, Page No.# 2/3 learned counsel for the respondent No. 2, the informant.
2. Vide Order dated 26.08.2025, the petitioner was enlarged on interim pre- arrest bail on the condition that he should appear before the Investigating Officer as and when called for along with other conditions.
3. Mr. Ahmed, learned counsel for the petitioner submits that in the FIR lodged in the instant case provisions of under the POCSO Act were not there and the case was only a kidnapping case. He, further, submits that after the interim order, the petitioner has appeared before the Investigating Officer and his statement was recorded. He also submits that he would corporate with the investigation as he has been corporating after the interim order and as such he has prayed that the interim order may be made absolute.
4. Mr. R. Kaushik, learned Additional P.P. for the State, however, submits that facts have taken up different turn in the instant case. He states that during the investigation, it was found out that the victim got pregnant and thereafter the police added the provisions under the POCSO Act more specifically under Sections 4, 6 & 17 of the POCSO Act. He further produced the statement of the victim recorded under Section 183 of the BNSS, in which she has clearly stated that it was the petitioner who sexually assaulted her after she was intoxicated and was taken to different places in a vehicle by the petitioner and others. The learned Additional Public Prosecutor has also placed a statement of the accused person, i.e. the petitioner, who had stated that he had sexually molested the girl inside the vehicle whom he did not know. He submits that since the facts have become graver during investigation, the interim order may not be made absolute and the bail may be cancelled. He also submits on the basis of the note given by the Investigating Officer that the petitioner has threatened the witnesses connected with the case.
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5. Mr. Sur, learned counsel for the respondent No. 2 have also submitted that the petitioner has threatened the victim as well as the family members after obtaining interim order and he has instructions to that effect. He also submits that initially the correct facts were not known when the FIR was lodged but the same were revealed during the investigation and since the victim was minor and was made pregnant by the petitioner, which is clear from the facts, the bail may be cancelled.
6. I have heard the parties and gone through the records, upon noticing the statements of the victim under Section 183 of the BNSS, it seems that the victim and her friend had gone on their own volition with the petitioner and others and it was night time when both the victim and her friend were made to have liquor and they have themselves admitted that they were sexually assaulted more so the victim by the petitioner and her friend by another person inside the vehicle. Although, it is settled that the victim was minor approximately of 16 years of age the said fact could not have been known by the petitioner during the offence. Further, since the petitioner has himself admitted to have sexually assaulted a girl inside the vehicle without knowing her, this Court for the ends of justice to both the parties deems it fit that the Order dated 26.08.2025 may be made absolute on following conditions already mentioned there above.
7. The petition is disposed of.
JUDGE Comparing Assistant