Page No.# 1/2 GAHC010188272025 2025:GAU-AS:13354 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2729/2025 SOMIR HUSSAIN S/O ISRAK ALI, R/O TEZPUR, P.O. KOTAMONI, P.S. BAZARICHERRA, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:ABDUL AZIM (INFORMANT) SON OF LATE IRFAN ALI TEZPUR KOTAMONI SRIBHUMI ASSA Advocate for the Petitioner : MR J ISLAM, E BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 25.09.2025 1. Heard Mr. J. Islam, learned counsel for the accused petitioner as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent No.1 and Ms. M. K. Borwn, learned Amicus Curiae appearing for respondent No.2. Page No.# 2/2 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Somir Hussain, who is stated to have been arrested on 28.05.2025 and praying for grant of bail in connection with Special (POCSO) Case No.44/2025 under Sections 137(2) BNS R/W Section 4/18 of POCSO Act (arising out of Bazaricherra PS Case No. 74/2025 U/S 137(2)/74 R/W Section 8 of POCSO Act), pending before the learned Sessions Judge, Sribhumi. 3. Scanned TCR has been received. 4. Learned Additional Public Prosecutor and Ms. M. K. Borwn objects the prayer for bail at this stage. 5. I have perused the allegation in the FIR. The length of detention is no doubt on higher side but I find force in the contention of the prosecution, also supported by the learned Amicus Curiae, that the victim girl stated to be aged 13 years at the time of the alleged incident is yet to be examined and therefore, bail should be refused at this stage. 6. In view of the above and also considering the manner of committing the alleged offence stated in the FIR, I am of the considered view that it might be prudent to deny bail to the accused till the victim girl is examined. 7. In such view of the matter, the bail petition stands rejected at this stage. 8. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant