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GAHC010232292025

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Crl.)/1140/2025

MRS RENU BORA

W/O- SRI SANKAR BORA, VILLAGE- NO. 3, SALBARI, DULUPATH, HOUSE

NO 12, NOONMATI, KAMRUP METRO, ASSAM

VERSUS

THE STATE OF ASSAM

REP BY PP ASSAM

2:ABDUL ALI

S/O- RUPSAN ALI

VILLAGE- 3 NO

SALBARI

DULU PATH

P.S.-NOONMATI

DIST.- KAMRUP METRO

ASSA

Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MR. S. K. CHAKMA,MR I

CHAKMA

Advocate for the Respondent : PP, ASSAM, MR S K CHHETRY(R2),MR. N UDDIN(R2)

Linked Case : Bail Appln./2029/2025

ABDUL ALI

S/O- RUPSAN ALI.

R/O- 3 NO. SALBARI

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DULU PATH

P.S.- NOONMATI

DIST.- KAMRUP(M)

ASSAM.

PIN-781020

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PP

ASSAM

2:RENU BORA.

W/O- SANKAR BORA.

R/O-3 NO. SALBARI

DULU PATH

H.NO.12.

P.S.- NOONMATI

DIST.- KAMRUP(M)

ASSAM

PIN-781020.

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Advocate for : MR. M A SHEIKH

Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM AND ANR

Linked Case : Bail Appln./2401/2025

ABDUL ALI

S/O- RUPSAN ALI

VILLAGE- 3 NO

SALBARI

DULU PATH

P.S.-NOONMATI

DIST.- KAMRUP METRO

ASSAM

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PUBLIC PROSECUTOR

ASSAM

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2:MRS. RENU BORA

W/O- SRI SANKAR BORA

VILLAGE- NO. 3

SALBARI

DULUPATH

HOUSE NO 12

NOONMATI

KAMRUP METRO

ASSAM

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Advocate for : MR. N UDDIN

Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM AND ANR

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date - 18.05.2026

1. Heard Ms. D. Ghosh, the learned counsel for the applicant. Also

heard Mr. K. K. Das, the learned Additional Public Prosecutor for the

State as well as Mr. N. Uddin, learned counsel for the respondent No.

2.

2. This Interlocutory Application has been filed by the

applicant/informant in connection with Bail Application No.

2401/2025 praying for cancellation of bail granted to the respondent

No.2 on the ground that in the Bail Application, which was filed by

the respondent No.2 and was registered as Bail application No.

2401/2025, the fact of the pendency of an earlier bail application in

connection with the same case i.e., the Sessions (Spl.) Case No.

21/2025 arising out of Noonmati P. S. Case No.226/2024 under

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Section 64 of BNS, read with Section 6 of POCSO Act, 2012 was not

disclosed.

3. Ms. D. Ghosh, the learned counsel for the applicant submits that the

applicant herein is the mother of the victim girl as well as the

informant, on the basis of whose FIR, the Noonmati P.S. Case

No.226/2024 was registered.

4. She submits that by order dated 25.09.2025, passed in Bail

Application No. 2401/2025, the respondent No. 2 was granted the

bail by this Court in connection with Sessions (Spl.) Case No.

21/2025 arising out of Noonmati P.S. Case No.226/2024. However, in

the said bail application, in the supporting affidavit, which was sworn

by one Ruksan Ali, who is the father of the present respondent No.2,

nothing was disclosed regarding the pendency of an earlier bail

application filed by the present respondent No.2 which was

registered as bail application No. 2029/2025.

5. The learned counsel for the applicant submits that non-discloser

regarding the pendency of an earlier bail application before this

Court by the same petitioner in connection with the same police

station case as well as sessions case is a clear case of suppression of

material facts before this Court, which is also violation of a prevailing

notification of the Registry of this Court in this regard. She submits

that for such willful non-discloser by the respondent No.2, the bail

granted to him in Bail Application No. 2401/2025 is liable to the

cancelled.

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6. On the other hand, Mr. N. Uddin, the learned counsel for the

respondent No. 2 submits that the respondent No.2 is an illiterate

rustic person and though, he has put signature on the affidavit in

both the cases namely, Bail Application No. 2401/2025 and Bail

Application No. 2029/2025, however, he was not aware regarding

the fact that both the bail ap

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