Page No.# 1/3 GAHC010090312025 2025:GAU-AS:6053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1353/2025 RABIN SAIKIA S/O LT. DEHIRAM SAIKIA R/O H/NO. 3, PUBERUN PATH, DAKSHINGAON UNDER DISPUR POLICE STATION, IN THE DISTRICT OF KAMRUP (M), ASSAM AND PERMANENT RESIDENT OF VILL- NO. 2 NATGAON NEAR JUGALPUR M.P. SCHOOL, UNDER NARAYANPUR POLICE STATION IN THE DISTRICT OF LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI NABAJYOTI BARUA (INFORMANT) S/O JOGEN BARUA R/O MAITREE NAGAR PATH DAKSHINGAON KAHILIARA UNDER DISPUR POLICE STATION IN THE DISTRICT OF DISTRICT OF KAMRUP (M) ASSA Advocate for the Petitioner : MR. R B PHOOKAN, MS P SAIKIA,MR P CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR. N M DAS(R-2),MR. M KALITA(R-2),MR M SARMA(R-2),MR. J HATIMURIA (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 15.05.2025 Heard Mr. P. Choudhury, learned counsel of the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor representing the State respondent No.1 and Mr. M. Kalita, learned counsel for the respondent No.2. This application is filed under Section 483 of the BNSS, 2023, praying for the grant of bail to the accused/petitioner, who has been languishing in jail hazot since 25.03.2025 in connection with Dispur P.S. Case No. 271/2025, registered under Sections 74/75(2)/76 of the BNS, read with Section 10 of the POCSO Act. Case Diary has been received and I have perused the same. Mr. Choudhury, learned counsel for the petitioner, has submitted that the present accused/petitioner is innocent and he has not committed any offence as alleged. However, the FIR was lodged out of some grudge against him, as he was suspected of having a relationship with the mother of the victim. The FIR was lodged with false and concocted allegations against him. He further submitted that the petitioner has been in custody since last 52 days, and hence, considering the length of detention, he may be enlarged on bail. Further, the petitioner is ready to cooperate with the investigating agency, if he is granted bail. In this context, Ms. Das, learned Additional Public Prosecutor, has submitted that there is incriminating material available against the accused/petitioner. Moreover, the victim incriminated the accused/petitioner while recording her statement under Section 183 of the BNSS. Admittedly, the victim was a minor at the relevant time of the incident. Considering this aspect of the case, she raised objections to granting bail to the Page No.# 3/3 accused/petitioner at this stage. Mr. Kalita, learned counsel for respondent No. 2, has submitted that this is a very serious allegation against the accused/petitioner. Hence, considering the materials available in the case diary, as well as the statement made by the victim, he raised a vehement objection to granting bail to the accused/petitioner. Considering the submissions of the learned counsels for both sides and the materials available in the case diary, as well as the statement of the minor victim, I do not find this to be a fit case to allow the accused/petitioner to be granted bail at this stage. Accordingly, the prayer for bail is rejected In terms of above, this Bail Application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant