Page No.# 1/4 GAHC010217582025 2025:GAU-AS:15517 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3189/2025 LUKMAN HAKIM @ MD. LUKMAN ALI S/O- LATE UMAR ALI. R/O- VILL NO.1, SONAPUR, P.S.- BIHPURIA, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP, ASSAM 2:MUSTT. AYESHA KHATUN W/O- MD. CHAN MIYA. R/O- 1 NO. SONAPUR P.O.- SONAPUR P.S.- BIHPURIA DIST.- LAKHIMPUR ASSAM PIN - 787057 Advocate for the Petitioner : MR. S Y AHMED, MR. N H BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 17.11.2025 Page No.# 2/4 1. Heard Mr. N. H. Barbhuiya, learned counsel for the accused appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State. 2. This application has been filed under Section 483 of the BNSS, 2023 for granting bail to the accused appellant in connection with Spl. (POCSO) Case No. 25/2021 arising out of Bihpuria P.S. Case No. 158/2021 under Section 366 of the IPC read with Section 8 of the POCSO Act. 3. An FIR was lodged on 11.03.2021 by one, Ayesha Khatun alleging the accused applicant of committing rape on her minor daughter. It was alleged that the accused applicant had kidnapped her and thereafter committed rape, while her minor daughter was at her Maddrassa school campus for her examination. After lodging of the FIR, the police registered Bihpuria P.S. Case No. 158/2021 under Section 366 of the IPC read with Section 8 of the POCSO Act, which was registered as Spl. (POCSO) Case No. 25/2021, pending before the learned Special Judge, (POCSO), Lakhimpur, North Lakhimpur. 4. The learned counsel for the accused applicant submits that the accused applicant was granted bail on 13.05.2021 by the learned Special Judge, (POCSO), Lakhimpur, North Lakhimpur. The learned counsel further submits that the accused applicant was continuously appearing in the Trial Court. However, as he had to leave for Arunachal Pradesh for his work as a mason and during his work, he fell from the fourth floor of a construction building and got severely injured, and as he had to be hospitalized in a hospital in Itanagar, Arunachal Pradesh he could not appear before the Trial Court on few dates. After his treatment, he was discharged from the hospital on 29.12.2024. However, he was referred to Assam Medical College, Dibrugarh for further treatment and in view of the aforesaid injuries and subsequent treatment, the accused applicant Page No.# 3/4 could not be present before the Trial Court for the above mentioned dates. 5. The learned Trial Court has issued non-bailable warrant vide order dated 12.08.2025, and the accused was sent to judicial custody on the same day. 6. The learned counsel for the accused appellant submits that he has been languishing in the jail for last 97 days He submits that the accused applicant could not appear before the Trial Court because of his resultant injuries and treatment. However, after being recovered, he voluntarily appeared before the Trial Court and he is willing to co-operate with the trial in the matter. 7. On the other hand, the learned Additional Public Prosecutor has submitted that the police has recorded the statements of the minor victim ‘X’ under Section 164 of the Cr.PC which reveals serious allegations against the accused applicant and therefore, this is not a fit case wherein the accused applicant should be granted bail. 8. This Court has perused the statements of the victim as well as the materials available in the Trial Court Records and after perusing the materials as well as the submissions of the learned counsel for the accused applicant, this Court finds that this is not a fit case wherein the accused applicant should be enlarged on bail at this stage. 9. Accordingly, the prayer of the accused appellant is rejected. 10. This application is disposed of as rejected. JUDGE Page No.# 4/4 Comparing Assistant