Page No.# 1/4 GAHC010220152025 2025:GAU-AS:14534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3243/2025 MD. SOLEMAN ALI S/O- IMAN ALI, VILL.- HUDUMKHATA PT-II, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:APIJUL ALI S/O- LATE ABBAS ALI VILL. AND P.O. ANTHAIBARI P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM PIN- 783360 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL Advocate for the Respondent : PP, ASSAM (R1), MR. M MONDAL (R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.10.2025 1. Heard Mr. S. Islam, the learned counsel for the petitioner. Page No.# 2/4 Also heard Mr. K. Baishya, the learned Additional Public Prosecutor, appearing for the State of Assam as well as Mr. M. Mondal, the learned counsel appearing for the respondent No.2. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Md. Soleman Ali, who has been detained behind the bars since 29.05.2025 in connection with Special POCSO Case No. 56/2025, under Section 65(1) of the BNS, 2023 read with Section 6 of the POCSO Act, 2012 pending before the Court of the learned Special Judge ( POCSO), Kokrajhar . 3. The gist of accusation in this case is that on 12.11.2024 one Apijul Ali, had lodged an FIR before the Officer-In-Charge of Gossaigaon Police Station, inter alia, alleging that on 11.11.2024, the petitioner forcefully took the minor sister of the informant to the backside of the house and committed forceful intercourse with her. 4. The learned counsel for the petitioner submits that the informant is a relative of the present petitioner and the petitioner is also a young boy of 20 years of age. 5. He further submits that the petitioner has been detained behind the bars for the last 153 days and he will co-operate in the investigation. Page No.# 3/4 6. Though the learned counsel for the respondent No. 2 raised no objection to grant of bail to the petitioner, however, the learned Additional Public Prosecutor appearing for the State of Assam has vehemently opposed the grant of bail to the petitioner on the ground that there are clear incriminating materials against the petitioner in the records and if the petitioner is released on bail before examination of the victim girl in the trial, there is every possibility of influencing the victim girl by the petitioner. 7. He, therefore, submits that the prayer for bail of the petitioner may be considered only after examination of the victim girl as one of the prosecution witness. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the scanned copy of the records of POCSO Case No. Special POCSO Case No. 56/2025, which was requisitioned in connection with this case. 9. Though the petitioner has been detained for quite a long period of time, however, the contentions raised by the learned Additional Public Prosecutor may not be brushed aside. As the victim girl is aged about 14 years of age only and is stated to be a relative of the petitioner, the possibility of influencing her in the event of releasing of the petitioner at this stage may not be required. Hence, this Court is of the considered opinion that it may not be appropriate for this Court to grant bail to the Page No.# 4/4 petitioner at this stage. 10. The petitioner may approach the Trial Court after examination of the victim girl as prosecution witness in the Special POCSO Case No. 56/2025. 11. The Trial Court is directed to examine the victim girl as the first prosecution witness as expeditiously as possible. 12. With the above observation, this bail application is accordingly, dismissed. JUDGE Comparing Assistant