Page No.# 1/4 GAHC010211532025 2025:GAU-AS:14469 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3053/2025 AMINUL KHAN SON OF RAMJAN ALI KHAN, RESIDENT OF VILL. - GHUGUBARI, P.S. - SARBHOG, DISTRICT - BARPETA, ASSAM, PIN - 781317 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP,ASSAM 2:SONPAHI BEGUM D/O ABUL ALI R/O IVLL- FRIENDS PATH HOUSE NO. 51 P.S.HATIGAON DIST. KAMRUP (M) ASSAM PIN-78103 Advocate for the Petitioner : MR. A M KHAN, Advocate for the Respondent : PP, ASSAM, MR S ISLAM (R2),MD M ISLAM (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27-10-2025 Heard learned counsel Mr. A.M. Khan for the petitioner Aminul Khan, who Page No.# 2/4 has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail in connection with Sessions Special Case No. 101/2025 pending in the Court of Special Judge POCSO, Kamrup (M), Guwahati (Hatigaon Police Station Case No. 60/2025), now registered under Section 64(2)(m)/64(2)(f) of Bharatiya Nyaya Sanhita r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Also heard learned Additional Public Prosecutor Mr. K. Baishya for the respondent State and learned counsel Mr. S. Islam for the respondent No. 2. 3. The allegation against the petitioner is that he committed sexual assault on the minor victim X who is also his niece. 4. It is submitted on behalf of the petitioner that he is behind bars for 205 (two Hundred and Five) days. Charge sheet has been laid against him on 31.05.2025 but not a single witness has been examined. This has infringed the right to personal liberty of the petitioner. The petitioner is willing to cooperate with the trial and to abide by any stringent bail conditions if imposed upon him. 5. It is submitted that the victim is on the verge of attaining majority and this case cannot be considered to be a case under the POCSO Act. The victim is under the custody of her parents and therefore, there is no scope of tampering with the evidence. 6. The petitioner has also prayed for bail on the ground of parity as the victim’s mother who is the co-accused has been released on bail. 7. It is further submitted that when the victim went missing, an FIR was Page No.# 3/4 lodged by victim’s mother. After investigation, the victim’s mother has also been arrayed as an accused, as the victim alleged that she had to take shelter in her friend’s house. 8. Learned counsel for the respondent No. 2 has raised no objection. 9. Learned Additional Public Prosecutor has raised objection stating that a no objection by the learned counsel for the respondent No. 2 cannot be a ground to grant bail. The offence is serious in nature. 10. The statement of the victim under Section 183 of CrPC clearly reveals that the victim was not safe in her own house. The victim was compelled to lodge the FIR. The parents have not protected the victim in her own house. If the petitioner will be enlarged on bail, the victim will be under threats and she may be pressurized to depose in favour of the petitioner. 11. Learned Additional Public Prosecutor has further submitted that the minor victim is not safe in her own house as the victim is the petitioner’s niece. 12. I have considered the submissions at the bar with circumspection. I have considered the submission that the petitioner has been languishing behind the bars for a considerable period of time. 13. At this juncture, considering the nature of offence, the petitioner is not granted bail. The petitioner is booked under a serious offence and at least the statements of the prime witnesses are required to be recorded. 14. Considering all aspects, the Court is not inclined to grant bail at this stage Page No.# 4/4 of trial. Petition is rejected at this stage. 15. However, the petitioner is at liberty to file a subsequent bail application if the trial is procrastinated by the prosecution or by the Court. The learned Trial Court is hereby directed to make every endevaour to proceed expeditiously with the trial. 16. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant