Page No.# 1/3 GAHC010059692025 2025:GAU-AS:10873 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./861/2025 SUBHRA MALAKAR @ SUPRO MALAKAR S/O LATE DAYAMAY MALAKAR R/O INDIRA COLONY, KARIMGANJ P.S. KARIMGANJ, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SRI BRAJENDRA DAS S/O LATE NITYA NANDA DAS R/O SARISHA MEDOL PART-I P.O. SILCHAR ROAD P.S. KARIMGANJ DIST.SRIBHUMI ASSAM PIN-78871 Advocate for the Petitioner : A B T HAQUE, Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) \ Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 14.08.2025 Heard Mr. A.B.T. Haquei, learned counsel for the petitioner. Also heard Mr. R.J. Barua, learned Additional Public Prosecutor for the State and Ms. M.K. Brown, learned Amicus Curiae for the informant. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Subhra Malakar @ Supro Malakar, has prayed for bail in connection with Special Sessions (POCSO) Case No. 201/2023, pending before the learned Sessions Judge, Sribhumi (corresponding to Karimganj P.S. Case No. 694/2023), registered under Section 376(A) of IPC, r/w Section 6 of POCSO Act. 3. The learned counsel for the petitioner submits that the petitioner is in under trial detention since his arrest on 28.09.2023. The present case is stated to be at the stage of trial but out of 23 witnesses, only one witness has been examined. It is further submitted that the petitioner has suffered prolonged under trial detention and the trial has not progressed much, as such, he seeks bail for the accused petitioner. Another contention is that the co-accused has been granted by the learned trial court submitting that there were more allegations against this released accused. 4. Learned Additional Public Prosecutor submits that the allegations are serious in nature and the victim died in the alleged incident and the trial should be allowed to proceed to some extent. Page No.# 3/3 5. Ms. Brown, learned Amicus Curiae for the informant supporting her written objection filed in this regard submits that considering the seriousness of the alleged crime, bail should not be granted at this stage. It is further contended that the slow progress of the trial might also be done some apprehension of the witnesses and in such a situation, granting of bail to the accused might aggravate the position. It is also contended by the learned Amicus Curiae that the co-accused was granted bail by way of default bail. 6. 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 well as other co-accused. The sole witness examined stated to be the father of the victim. Perused the deposition of the informant. 7. Upon considering the materials and the circumstances, keeping in mind the extreme 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. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant