Page No.# 1/3 GAHC010227852024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3347/2024 MD ESAM UDDIN @ KALACHAN, SON OF MD. KASHEM ALI RESIDENT OF-4 NO. BHATKUCHIGAON POLICE STATION- BAGHBOR DISTRICT BARPETA, ASSAM. PRESENT ADDRESS- FASI PATHAR, JENGONIKOTIA PLYWOOD FACTORY P.S.- SIVASAGAR DIST- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY P.P, ASSAM 2:SRI BINOY DAS (INFORMANT) S/O- LT. KURAN DAS R/O- PACHI PATHAR JENGONIKOTIA P.S.- SIVASAGAR DIST- SIVASAGAR ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. A.H. MONDAL Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date :10.02.2025 Page No.# 2/3 1. Heard Mr. S. Munir, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State as well as Mr. D. Gogoi, the learned Amicus Curaie, appearing for the respondent no.2. 2. This is an application Under Section 483 of BNSS, 2023 has been filed by petitioner Md. Esam Uddin @ kalachan who has been detained behind the bars since 24.05.2024 in connection with Special POCSO Case No. 18/2024, Under Section 363/376(3) of IPC, read with Section 6 of the POCSO Act, 2012. 3. Learned counsel for the petitioner has submitted that the petitioner has been languishing behind the bars since long and that is the main ground for which he has approached this court seeking bail of the petitioner 4. He also fairly submits that initially when the bail application was made only 5 of the listed witnesses were examined. 5. On the other hand learned Additional Public Prosecutor for the State, Ms. S. H. Bora and the learned Amicus Curaie, representing the respondent no.2, Mr. D. Gogoi, has submitted that from the e-court portal it is found that Special POCSO Case No. 18/2024 is pending at the stage of recording of examination of the accused Under Section 313 of the CrPc. 6. Learned Additional Public Prosecutor for the State, submits that considering the stage of the trial as it likely to culminate soon, she opposes the prayer for bail at this stage. 7. I have also considered the submission made by learned counsel for both the parties since the offence involved in this case is pertaining to sexual offence under POCSO Act as well as of IPC and since the trial is nearing its culmination, this court is reluctant to grant bail to the petitioner at this court. 8. Accordingly the prayer for bail is rejected. Page No.# 3/3 JUDGE Comparing Assistant