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2026 Supreme(Online)(Gau) 23234

THE GAUHATI HIGH COURT
Kalyan Rai Surana, J
SHAHJAHAN CHOUDHURY – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Bail Appln./1889/2026



Advocates:
For the Appellants/Petitioners: P D Nair, M R Sodial, S R A Naser, Rajib Ali, S Ahmed
For the Respondents: PP, Assam

The court is addressing a bail application while simultaneously investigating the non-compliance of a specific High Court Notification by state authorities in a POCSO-related case.

Headnote:The court is seized of a bail application involving an offence of arrest. The proceedings involve the calling for of medical reports from the Court of the Special Judge (POCSO), Kamrup (Metro) in connection with Sessions (Spl.) Case No.117/2025. The court is examining the compliance of High Court Notification No.17 dated 15.03.2024. The primary issue is the non-compliance of said notification by the state authorities. List on 20.07.2026

Table of Content
1. issuance of notice to respondents and procedural steps for service. (Para 1 , 2 , 3 , 4)
2. verification of medical evidence and addressing non-compliance of high court notifications by state authorities. (Para 5 , 6 , 7)
3. scheduling of the next hearing date. (Para 8)

ORDER

1. Heard Mr. S. R. A. Naser, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam.

2. In view of the nature of offence of arrest, issue notice on the respondent No.2 which is made returnable on 20.07.2026.

3. The petitioner shall take steps in the course of the day for service of notice on the respondent No.2. The Registry, on receipt of the requisite, shall process the same and hand it over to the Office of the Public Prosecutor, Assam for service on the respondent No.2 through the jurisdictional Police Station.

4. The Officer-in-Charge of the Satgaon Police Station shall ensure that the service report be returned after service.

5. The Registry shall call for the scanned copy of the medical report, if any, from the Court of the Special Judge (POCSO), Kamrup (Metro) in connection with Sessions (Spl.) Case No.117/2025.

6. In view of the order dated 11.06.2026 passed by the learned Special Judge (POCSO), Kamrup (Metro), Guwahati, let the notice be issued to the Director General of Police, Assam. Along with the notice, the Registry shall annex a copy of the Final Police Report Form which is annexed at Annexure-2; the order of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati dated 11.06.2026 (Annexure-3) as well as a copy of the High Court Notification No.17 dated 15.03.2024 to bring to the notice of the said authority that there has been non-compliance of the Notification No.17 dated 15.03.2024, so that in that regard, appropriate steps can be taken by the State Authority

7. The above shall be compiled and handed over to the Office of the Public Prosecutor, Assam for onward transmission to the Office of the Director General of Police, Assam.

8. List on 20.07.2026

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