Page No.# 1/4 GAHC010102502025 2025:GAU-AS:10796 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1788/2025 MRS RUPALI @ JYOSTHNA KALITA W/O- MR HIRAYANA KALITA, VILLAGE- PANIPARA, AMINGAON, DIST.-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:MRS. MALABIKA KALITA DISTRICT CHILD PROTECTION OFFICER KAMRUP AMINGAO Advocate for the Petitioner : MR I S MAZUMDAR, MS. M. BEGUM,MISS. R. DAS Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.08.2025 Heard Mr. I. S. Mazumdar, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Ms. M. K. Brown, learned Amicus Curiae appearing for the Page No.# 2/4 respondent No.2. 2. This application under Section 483 of the BNSS, 2023 is filed by the petitioner, viz., Mrs. Rupali @ Jyosthna Kalita, praying for releasing her on bail in connection with North Guwahati Police Station Case No.104/2023 registered under Sections 376-AB/109/313 of the IPC read with Sections 6/17 of the POCSO Act. 3. The F.I.R. dated 28.08.2023 was lodged by the Member of District Child Protection Officer, Kamrup, Amimgaon wherein it was stated that the victim was sexually assaulted by her step father for the last many years. The said Member of the District Child Protection got the information from the Head Teacher of the school where the victim studied and on information the said informant met the victim, who stated that her step father used to rape her for several years and that she i.e. the victim reported the incident to her mother, who did not take any step on her behalf. The victim further stated to the informant that she got pregnant a number of times due to the sexual assault by her step father and that every times the petitioner gave her medicines for abortion. 4. The police after completion of the investigation submitted charge-sheet on 30.09.2023 and thereafter charges were framed by the Trial Court on 16.11.2023. 5. Mr. I. S. Mazumdar, learned counsel appearing for the petitioner submits that the petitioner was arrested on 29.08.2023 and she has been inside the jail since then. He further submits that till date he had the information that only Page No.# 3/4 one witness was examined but today he has come to know that 8 (eight) witnesses were examined till date. He, however, prays for bail on the ground of length of detention since the petitioner has been inside for almost two years without going into the merits of the case. 6. Mr. B. Sharma, learned Addl. P.P. submits that as far as the merits of the case is concerned, the same is very serious and the victim in her statement before the Trial Court has stated clearly that the petitioner used to send the victim to her step father who sexually assaulted the victim. He further submits that in the medical report of the victim the doctor had clearly opined that there are evidence of past abortion. 7. To substantiate his argument Mr. Sharma, learned Addl. P.P., has placed reliance on a judgment of the Supreme Court in Special Leave Petition (Criminal) No.13378 of 2024 in which the Apex Court had observed that when the trial commenced and the prosecution starts examining the witnesses, the Court, be it the Trial Court or the High Court, should be reluctant in entertaining bail application of the accused. 8. It is noticed in the instant case the trial has commenced and 8 witnesses were examined and the 1st witness was examined on 26.04.2024 and till date, as has been stated, eight witnesses were examined. It is also noticed that there has been no delay in the entire process right from the lodging of the F.I.R. till the examination of the witnesses excluding the normal delay which occurs during the entire process. Further, on merits the evidence of the victim is seen Page No.# 4/4 and she has stated many serious statements against the petitioner. 9. In view of the above, this Court is not inclined to grant bail to the petitioner. The prayer for bail is accordingly rejected. 10. Bail Application stands disposed of. JUDGE Comparing Assistant