Page No.# 1/4 GAHC010152462025 2025:GAU-AS:10476 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2243/2025 UMAR ALI SHEIKH ALIAS UMAR ALI SK S/O- NAZIMUDDIN SK, R/O- BHODEYAGURI, P.S AND DIST- KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM 2:DULUMONI HUKAI WSI (P) KOKRAJHAR POLICE STATION 3:BABARUL ISLAM VILL BARBHADEYAGURI P.S. AND DISTRICT KOKRAJHAR ASSA Advocate for the Petitioner : MR A W AMAN, A S CHOUDHURY,MR SARFRAZ NAWAZ,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MR. I U CHOWDHURY (R-3) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.08.2025 1. Heard Mr. S. Das, the learned counsel for the petitioner. Also heard Page No.# 2/4 Mr. K.K. Parasar, the learned Additional Public Prosecutor, appearing for the State of Assam as well as Mr. I.U. Choudhury, the learned counsel for the father of the victim girl. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Umar Ali Sheikh@Umar Ali Sk, who has been detained behind the bars since 19.04.2025, in connection with Special POCSO Case No. 48/2025, under Section 75 of the BNS, 2023 read with Section 8 of the POCSO Act, 2021 presently pending in the Court of the learned Special Judge, POCSO, Kokrajhar. 3. The gist of accusation in this case is that on 24.09.2024, one Dulumani Hukai, of Kokrajhar Police Station had lodged an FIR before the Officer-in-Charge of Kokrajhar Police Station, inter alia, alleging that present petitioner had, on 24.09.2024, at around 4:51 PM, on the pretext of teaching the victim girl, as how to solve the maths problem, had committed sexual assault on her. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 110 days and the examination of the witnesses has not yet started. 5. He submits that considering the period of detention, he may be allowed to go on bail and he is ready to fully co-operate in the trial. 6. On the other hand, the learned Additional Public Prosecutor vehemently opposed the grant of bail at this stage inter alia stating that 4(four) students of the school, in which the petitioner worked as Page No.# 3/4 the Headmaster have given incriminating statements against the petitioner. He submits that those witnesses are yet to be examined by the Trial Court and if the petitioner is released at this stage, there is every likelihood of the main witnesses being influenced or threatened by the petitioner. 7. Mr. I.U. Choudhury, the learned counsel for the father of the victim girl, has also opposed the grant of bail at this stage and has made submissions similar to that of the learned Additional Public Prosecutor. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the records of the Special POCSO Case No. 48/2025, including the statement made by the victim as well as other witnesses. 9. Considering the fact that the victim and other material witnesses are yet to be examined, this Court, considering the nature of offence involved in this case, is reluctant to grant bail to the petitioner at this stage. 10. Accordingly, the application for bail of the petitioner is rejected with an observation that after examination of the victim girl and 3(three) students, who are minor and shown as prosecution witnesses in the charge sheet, the petitioner may approach the Trial Court and may pray for regular bail before the said Court, if so advised. 11. As it is submitted by the learned counsel for the petitioner that the Court of the learned Special Judge, POCSO, Kokrajhar is lying Page No.# 4/4 vacant, the learned Sessions Judge, Kokrajhar, who is also designated as In-Charge Special Judge, as well as Presiding Officer of the Children Court, to take necessary steps for ensuring expeditious trial of the Special POCSO Case No. 48/2025. 12. This bail application is accordingly disposed of. JUDGE Comparing Assistant