Page No.# 1/3 GAHC010234662025 2025:GAU-AS:15690 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3493/2025 ROUJ ALI ALIAS ROSE ALI SON OF LATE ROJUDDIN ALI ALIAS MEDUA LAI, RESIDENT OF VILLAGE RIRIYA GAON, DIGHAL DORIALI, P.S- SIVASAGAR, DIST- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROJECUTOR, ASSAM. Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-11-2025 Heard Mr. M. Biswas, learned counsel for the accused applicant and Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, praying for grant of bail to the accused applicant in connection with Sessions Case No. 47/2025, corresponding to Sivasagar P.S. Case No. 107/2025 under Sections Page No.# 2/3 75/351(2)/64 of the BNS, 2023, pending before the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar. 3. An FIR was lodged by the informant on 15.07.2025, alleging that while his disabled daughter was taking bath, the accused applicant tried to rape her and thereby, assaulted her. 4. On receipt of the FIR, Sivasagar P.S. Case No. 107/2025 was registered under the aforementioned sections and the accused applicant was arrested on 22.07.2025. Since then, for more than 120 days, he is behind the bar. 5. Mr. Biswas, learned counsel for the accused applicant submits that the accused applicant is a person of advanced age of 66 years and since, he has already spent more than 120 days in custody, he should be allowed to go on bail. 6. On the other hand, Ms. N. Das, learned Additional Public Prosecutor for the State, submits that statement of the victim is yet to be recorded by the Trial Court and in view of the aforesaid fact, at this stage, the bail should not be granted to the accused applicant. 7. This Court has gone through the materials brought before this Court and has duly considered the submissions made by the learned counsel for the respective parties. It is seen that 21.11.2025 is the date fixed for deposition of evidence of the victim. 8. After taking into whole facts in it’s entirety and taking into the fact that the accused applicant is a 66 year old as well as the detention period i.e. 120 days in the judicial custody, this Court is of the view that further custodial detention of the accused applicant may not be necessary. 9. In view of the aforesaid, it is directed that the accused applicant be Page No.# 3/3 released forthwith on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar, subject to the following conditions: i. The accused applicant shall not try to get in touch with either the victim or the informant of the case; ii. The accused applicant shall cooperate with the trial proceedings and appear before the Trial Court as and when called upon; iii. The accused applicant shall not hamper or tamper with the evidence or the investigation by trying to influence any witnesses in connection with the instant case. 10. In view of the above directions, the instant bail application stands disposed of as allowed. 11. Return the Case Diary. JUDGE Comparing Assistant