Page No.# 1/3 GAHC010226672024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3343/2024 MOJIBAR RAHMAN @ MAJIBAR ALI S/O GULABUDDIN SK. R/OVILL- BORO BHODIYAGURI, P.S. AND DIST.KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SALIMA KHATUN W/O LATE MAYNAL ALI R/O VILL- BORO BHODIYAGURI P.S. AND DIST. KOKRAJHAR ASSAM PIN- 78337 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, MS P DAS (AMICUS CURIAE, R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 19.03.2025 Heard Mr. M.A. Mondal, learned counsel for the petitioner. Also heard Ms. Page No.# 2/3 S.H. Borah, learned Additional Public Prosecutor for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Mojibar Rahman @ Majibar Ali, has prayed for bail in connection with Kokrajhar P.S. Case No. 79/2024 (corresponding to G.R. No. 157/2024) under Section 376(3)/506 of IPC r/w Section 6 of POCSO Act. 3. The matter relates to sexual assault towards the victim girl by her grandfather. It is submitted by the learned counsel for the petitioner that as the victim has been sexually abused by her grandfather as such, he has nothing to say to consider the bail prayer of the petitioner. 4. None appears for the respondent No. 2 on call, though her name has been shown in the cause list. 5. On the other hand, Ms. Borah, learned Additional Public Prosecutor for the State submits that out of eight witnesses, five witnesses have already been examined. The victim and the informant have implicated the petitioner by stating that the victim has been sexually abused by the petitioner on several occasions. As such, she has prayed to dismiss the bail application. 6. I have considered the submissions made by the learned counsel for the parties. 7. It appears from the trial court records that the petitioner is the grandfather of the victim and she has been sexually abused by the petitioner on several times. Under such backdrop, this Court is of the opinion that it would be difficult for the victim to stay in the same house if the petitioner is released on bail. Page No.# 3/3 8. Hence, this Court is not inclined to grant bail to the petitioner as such, prayer for bail stands rejected and disposed of accordingly. JUDGE Comparing Assistant