Page No.# 1/3 GAHC010233572025 2025:GAU-AS:15951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3427/2025 SRI AMARJIT BARMAN S/O LATE NISHLU BARMAN R/O VILL- JOYPUR P.O. TULSHIBIL P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI SANJAY KR. RAY S/O BISESWAR RAY DCPU OFFICE DEURIPARA BONGAIGAON P.O. AND P.S. BONGAIGAON ASSAM DIST. BONGAIGAON ASSAM PIN-783380 Advocate for the Petitioner : MR P S RAJA, MR U ROY,MR A B DUTTA Advocate for the Respondent : PP, ASSAM, MR. S DAS, AMICUS CURIAE FOR R-2 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24.11.2025 Heard Mr. P.S. Raja, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State and Mr. S. Das, learned Amicus Curiae for the informant. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Amarjit Barman, has prayed for bail in connection with Special (P) Case No. 31 (BGN)/2025 (corresponding to Bongaigaon P.S. Case No. 185/2024) under Section 376 (AB)/376(2)(n)(f) of IPC, r/w Section 6 of POCSO Act, 2012, pending before the learned Special Judge, Bongaigaon, Assam. 3. The scanned TCR has been received. 4. The learned counsel for the petitioner submits that the petitioner has been in judicial custody since 23.04.2025. The main contention is that the significant period of under trial detention may be considered. It is also contended that the accused has been falsely implicated in this case. 5. The learned prosecution opposing the bail and submits that victim is a very tender age about 11 and ½ years and she is yet to be examined and that accused is her step father. 6. The learned Amicus Curiae also submits on similar lines and contends that the statement of the victim girl is not yet examined and that, as such, bail may Page No.# 3/3 not be granted to the petitioner at this stage. 7. I have perused the narration in the charge sheet made by the investigating officer in which very serious allegations have been made against the present accused. As per the allegation about the accused who is stated to be the step father of the victim had committed repeated penetrative sexual assault upon her. 8. Upon considering the materials and the circumstances, keeping in mind the seriousness of the allegation, considerable incriminating materials which have revealed by the investigation – I come to the considered view that at this stage, bail prayer of the present accused should be rejected and trial proceeds to some extent at least by way of examination of the important witnesses from the side of the prosecution. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant