Page No.# 1/3 GAHC010184372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2663/2025 TALEB ALI JOWADDER @ TALIB ALI JOWADDAR S/O. LT. KASHEM ALI, PERMANENT R/O. VILL.- VILL. NO. 2 DAWAGURI, P/O. SHIMULTAPU, P/S. GOSSAIGAON, DIST. KOKRAJHAR, ADDAM, PIN- 781311. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:AMIRAN BIBI @ AMIRUN NESSA W/O. ABDUL HAMID SK. PERMANENT R/O. VILL.- 2 DAWAGURI P/O. SHIMULTAPU P/S. GOSSAIGAON DIST. KOKRAHJHAR ASSAM PIN-78131 Advocate for the Petitioner : SK ABDULLAH, MR. J ABBAS,A W AMAN Advocate for the Respondent : PP, ASSAM, MR. R ISLAM (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.09.2025 1. Heard Mr. J. Abbas, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent Page No.# 2/3 as well as Mr. R. Islam, the learned counsel appearing for the informant. 2. This is an application under Section 483 of BNSS, 2023 by the petitioner, namely, Taleb Ali Jowadder @ Talib Ali Jowaddar, who has been detained behind the bars since 05.11.2023 in connection with Special Case No. 03/2022 pending before the learned Special Judge, POCSO, Kokrajhar corresponding to Gossaigaon P.S. Case No.506/2025 registered under Section 342/376 of the Indian Penal Code read with Section 6 of the POCSO Act, 2012 3. In this case, the petitioner is facing a trial under Section 4 of the POCSO Act 2012. 4. The accusation against him is that he has committed penetrated sexual assault on his own granddaughter. 5. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars since 05.11.2023 and in this case, 6 witnesses have already been examined, but the victim and informant are yet to be examined. 6. He submits that considering the long tendency of the case and considering the age of the petitioner (73 years), he may be allowed to go on bail. 7. He also submits that the petitioner is ready to cooperate in the investigation. 8. On the other hand, the learned Additional Public Prosecutor oppose the grant of bail at this stage, on the ground that the victim being the granddaughter of the petitioner may easily be influenced by the petitioner if he is released at this stage. 9. He also submits that the Trial Court may be instructed to expeditiously record the statement of the examining the victim girl and only thereafter, the Page No.# 3/3 bail for bail may be considered. 10. On the other hand, the learned counsel for the informant has submitted that the informant does not have any objection if the petitioner is released on bail. 11. I have considered the submissions made by the learned counsel for both sides. 12. Considering the nature of accusation leveled in this case and also considering the relationship between the victim girl and the petitioner, this Court is of the considered opinion that this Court is reluctant to grant bail to the petitioner at this stage. 13. However, considering the fact that the petitioner has been detained behind the bars since 05.11.2023, the Trial Court is hereby directed to make all endeavors to examine the remaining witnesses, including the victim and the informant, as expeditiously as possible and not later than 45 days from the date of this order. 14. After examination of the victim girl and the informant, the petitioner may approach the Trial Court and file for regular bail. 15. With the above observations, this bail application is hereby dismissed. JUDGE Comparing Assistant