Page No.# 1/3 GAHC010154672025 2025:GAU-AS:15894 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2306/2025 SRI RAJIB GUWALA S/O- SRI KIRAN GUWALA, R/O- VILL.- BISHNUPUR, NEAR WATER SUPPLY SCHEME , LICHUBARI, P.S. AND DIST.-JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 2:SMT SUNITA GUWALA BHUMIJ WIFE OF JADU BHUMIJ R/O BISHNUPUR LICHUBARI P.S. AND DIST.-JORHAT Advocate for the Petitioner : MS B R A SULTANA, Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, (AMICUS CURIAE, R- 2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 21.11.2025 Heard Ms. B.R.A. Sultana, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State and Mr. D.K. Page No.# 2/3 Bhattacharyye, learned Amicus Curiae for the respondent No. 2/informant. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Rajib Guwala, has prayed for bail in connection with Jorhat P.S. Case No. 132/2024 under Section 376(AB) IPC r/w Section 6 of POCSO Act. 3. The case arose out of an FIR dated 20.04.2025 lodged by the mother of one of the victim girls with allegation that accused who is the relative, stated to be aged 19 years had spent a night in their house and that, he committed rape upon both the minor girls aged about 9 and 10 years respectively and out with on them, one victim girl is the daughter of the informant. 4. The case was charge sheeted. Presently, stated to be at the stage of trial. Both the victim girls are stated to have been examined. 5. I have perused the depositions available in the scanned copy of TCR. The testimony of the victim girls in the deposition during trial, prima facie lends support to the allegation. 6. The learned Amicus Curiae submit that the age of the victim girls is very tender being around 9 and 10 years. 7. The learned Additional Public Prosecutor pointing out the seriousness of the alleged offence and also submits that the testimony of the medical officer is quite crucial and he is yet to be examined. 8. Despite the length of under trial detention and considering the incriminating materials available in the record as well as the age of the victim girls, the bail petition stands rejected at this stage. Page No.# 3/3 9. The bail application stands disposed of accordingly. JUDGE Comparing Assistant