Page No.# 1/3 GAHC010194722025 2025:GAU-AS:15465 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2828/2025 ANISUR ALOM @ RAHMAN SON OF DARUD ALI, VILLAGE KHERBARI PART IV, KHERBARI, P/S. AGOMONI, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:MOTIUR RAHMAN SON OF LATE JASIM UDDIN MUNSHI VILL.- KHERBARI PART IV P/S. AGOMONI DIST. DHUBRI ASSA Advocate for the Petitioner : MR. B HUSSAIN, MR. I A TALUKDAR Advocate for the Respondent : PP, ASSAM, MR S NAWAZ(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.11.2025 1. Heard Mr. I. A. Talukdar, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent as well as Mr. S. Nawaz, the learned Page No.# 2/3 counsel for the Amicus Curiae appearing for the respondent No.2 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Anisur Alom @ Rahman, who has been detained behind bars since 16.05.2025, for last 178 days, in connection with Agomoni P. S. Case No. 70/2025, under Sections 140(3)/127(2)/3(5) BNS read with Section 4 of the POCSO Act, 2012. 3. The learned counsel for the petitioner submits that the petitioner was having a romantic relationship with the victim girl, and the accusation made in the FIR made against him, of forced physical relationship is not true. He further submits that the petitioner is languishing behind bars for last 178 days. 4. He also submits that the victim girl was only 6 months short of attaining her majority at the date of her release. He also submits that the petitioner is ready to cooperate in the trial. 5. On the other hand, the learned Additional Public Prosecutor has submitted that since the victim has specifically indicated the petitioner of committing forceful physical intercourse in her statement recorded under Section 183 of BNSS, 2023 it may not be proper to release the petitioner at this stage. He submits that the prayer for bail of the petitioner may be considered only after examination of the victim girl. 6. The learned counsel for the Amicus Curiae makes similar submissions like that of the learned Additional Public Prosecutor. 7. I have gone through the materials available on the record and Page No.# 3/3 have considered the submissions made by the learned counsel for the Amicus Curiae. 8. It appears that charges are yet to be framed in this case. 9. However, it also appears that the victim has indicated the petitioner of having forceful sexual intercourse with her. Hence, this court is of the opinion that it may not be proper to grant bail to the petitioner at this stage without examination of the victim girl as the prosecution witness. 10. The trial court is directed to expedite the trial and shall make all endeavour to examine the victim girl as the first prosecution witness as early as possible. 11. After examination of the victim girl as prosecution witness, the petitioner may approach the trial court by filing a regular bail before the same court. 12. This bail application is accordingly dismissed at this stage. JUDGE Comparing Assistant