GAHC010164322025 2025:GAU-AS:14392

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2434/2025

DR. WALLIUL ISLAM

S/O- LATE KASIM ALI.

R/O- FLAT NO.4A, 4 TH FLOOR, ROMA ENCLAVE, NEAR ARYA HOSPITAL ,

REHABARI, P.S.- PALTANBAZAR, DIST.- KAMRUP(M).

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PP, ASSAM

2:AKASH MONDAL

S/O- SUNIL MONDAL

PERMANENT R/O- KALAPAHAR NEAR VIP HOTEL UNDER FATASHIL

AMBARI

DIST.- KAMRUP(M)

ASSAM

Advocate for the Petitioner : MR S J CHOUDHURY, MR. BISWAJIT TALUKDAR,MR Z

KAMAR,P D CHOUDHURY,MR A SHORIF

Advocate for the Respondent : PP, ASSAM, MR. U CHOUDHURY, AMICUS CURIAE FOR R-2

BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

28.10.2025 Heard Mr. Z. Kamar, learned Senior Counsel for the petitioner assisted by Mr. S.J. Choudhury, learned counsel for the petitioner and Mr. P.S. Lahkar, Addl. PP for the State of Assam and Mr. U. Choudhury, learned Amicus Curiae for respondent No. 2.

2. This is an application filed under Section 483 of the BNSS, 2023 by which the petitioner has prayed for bail in connection with Paltan Bazar P.S Case No. 193 of 2023 corresponding to the Sessions (Spl.) Case No. 112 of

2023.

3. The petitioner was arrested on 06.05.2025 and since then, he is in custody.The F.I.R dated 05.05.2023 lodged by one Akash Mandal reveals that a girl child about 3 years of age was badly tortured by her foster parents without any mercy and that the said foster parents used to tie her th up under the direct sunlight in the 5 floor of the building in a summer day like an animal without any water and food with the intention to kill the child and which has caused the child deficiency in nutrition. It is also stated that leaving a minor girl without food and water for the whole day under the direct sunlight may also result in the death of the said child. It was further stated that the information was received from the neighbors, who stated that the incident had been happening for the last 15 days and that the child was grievously hurt by the said action of her foster parents. On receipt of ejahar, the Police registered the case under Section

307/325/34/341 IPC read with Section 75 of the Juvenile Justice Act, 2015. 4. Thereafter, another F.I.R was lodged on 08.05.2023, against 4 persons including the petitioner registered as Paltan Bazar P.S Case No. 201 of 2023 under Section 307/341/325/366A/361/368/341 read with Section 6/17/21 of the POCSO Act, 2012 along with Section 75/80 of the Juvenile Justice Act, 2015. The Police conducted the investigation and thereafter, submitted Charge-sheet vide Charge-sheet No. 140 of 2023 in connection with the earlier case, i.e., Paltan Bazar P.S Case No. 193 of 2023 against the petitioner and also 4 other persons under different provisions of law. In pursuance thereof, another charge sheet being Charge Sheet No. 51 of 2023 was filed in connection with the later case, i.e., Paltan Bazar P.S Case No. 201 of 2023 against the petitioner and 4 other persons under different provisions of law. Both the Charge-sheet were clubed together and presently one trial has been conducted, i.e., the Sessions (Spl.) Case No. 112 of 2023. Charges were framed against the petitioner under Section 466/471/370 (5) IPC read with Section 75/80/81 of the Juvenile Justice Act, read with Section 6 of the POCSO Act. It is further stated that 68 Nos. of prosecution witnesses were arrayed in the Charge-sheet and out of the same, 13 prosecution witnesses were examined till date.

5. The petitioner had preferred bail application before the Spl. Judge POCSO, Kamrup, Guwahati and by Order dated 20.05.2025, the learned Court had rejected the bail application mainly on the ground that there has been no delay in the trial and that the trial was conducted without any adjournments.

6. Mr. Z. Kamar, learned Senior Counsel for the petitioner raises 2 grounds for enlarging the petitioner on bail and the said 2 grounds are:-

1. The grounds of arrest as required under Section 50 Cr.PC