Page No.# 1/3 GAHC010076772026 2026:GAU-AS:10316 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1161/2026 AFIRUL ALI @ HUSSAIN S/O. MANIK SHEIKH, R/O. VILL.- KUKURIRPA, WARD NO. 7, BILASIPARA TOWN, P/S. BILASIPARA, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SUKUMAR GARIYA S/O. LT. LAKHAN GARIYA R/O. BILASIPARA WARD NO. 11 P/S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. N MAHAJAN, MR. A CHAUDHURY,MR. P K DAS,MR. D BORA Advocate for the Respondent : PP, ASSAM, MR. D K BAIDYA, AMICUS CURIAE R2 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.07.2026 Heard the learned Addl. Public Prosecutor for the State of Assam. Also Page No.# 2/3 heard Mr. D K Baidya, learned Amicus Curiae representing respondent No. 2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused/petitioner, who has been arrested on 04.12.2026 in connection with Special (P) Case No. 16/2026 arising out of Bilasipara Police Station Case No. 372/2025, under Section 65(1)/71(2)/127(2)/137(2) of BNS, 2023 read with Section 6 of POCSO Act, 2012. The allegation is that one Monyal Haque took the victim girl to a nearby paddy field and sexually assaulted her where three unknown persons appeared and the said Monyal Haque fled. Thereafter, the three persons committed gang rape upon the victim who is a minor. The present petitioner, during the investigation, was found to be one of the perpetrator of the offense, and the material available in the TCR including the statement of the victim, squarely implicates the present petitioner in the commission of the gang rape. The Trial of the case is yet to commence. Having regard to the above, the prayer for bail stands dismissed. JUDGE Page No.# 3/3 Comparing Assistant