Page No.# 1/3 GAHC010235992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3476/2025 RIPUL ALI VILLAGE - BHELLA DURGAPUR, P.S.- BARPETA, DISTRICT - BARPETA, ASSAM. PRESENT ADDRESS - RENTED ON R/O- H. NO. 10, BIRINA PATH, P.S.- HATIGAON, DISTRICT - KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:HASINA KHATUN W/O JAKIR HUSSAIN VILLAGE - KUMARKATI CHAR P.S.- DHUBRI DISTRICT - DHUBRI ASSAM. PRESENT ADDRESS- H. NO. 10 BIRINA PATH P.S.- HATIGAON DISTRICT - KAMRUP (METRO) ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, MR. A F N U MOLLAH (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.11.2025 1. Heard Mr. N. Uddin, learned Counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Addl.Public Prosecutor for the respondent No.1 and Mr. A.F.N.U. Mollah, learned counsel for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 for granting of bail to the accused applicant namely, Ripul Ali in connection with Hatigaon PS Case No. 169/2025 under Section 4 of the POCSO Act. 3. The allegation against the accused applicant in the FIR dated 06.09.2025, lodged by the mother of the victim is that while her daughter was all alone in her room, at about 5 pm, the accused applicant came to her room and took her away to his room which is situated nearby. After taking her to his room, the accused applicant has raped her and when the minor girl raised hue and cry, she came to the room and found the accused applicant committing rape on her minor daughter. 4. On receipt of the FIR, police registered the aforesaid case i.e. Hatigaon P.S. Case No.169/2025 under Section 4 of the POCSO Act. 5. The learned counsel appearing for the accused applicant submits that he is already behind bar for the last 75 days and taking into account the length of detention in judicial custody, the applicant should be granted bail at this stage. Page No.# 3/3 6. Mr. P. Borthakur, learned Addl.Public Prosecutor on the other hand submits that there are serious incriminating materials implicating the accused applicant and therefore at this stage, this Court should not grant bail to the accused applicant. 7. Case Diary of the instant case is received and the same is perused by this Court. 8. This Court has also heard the submissions made by the learned counsel appearing the respective parties. 9. After perusing the Case diary and taking into account the incriminating materials prima facie implicating the accused applicant in the instant case, this Court is of the view that this is not a fit case to grant bail at this stage and therefore, this instant bail application stands rejected. 10. Return the Case Diary. JUDGE Comparing Assistant