Page No.# 1/3 GAHC010128932026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1718/2026 SRI SUMIT KARMAKAR SON OF SRI BABULAL KARMAKAR RESIDENT OF AAMGURI JOYHING GAON (T.E.) P.S NORTH LAKHIMPUR, DISTRICT LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI LAKSHMI URANG DAUGHTER OF JAHAN URANG RESIDENT OF JOYHING SONAPUR LINEP S NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSA Advocate for the Petitioner : MR. J M GOGOI, MR. A GOSWAMI,MS. S GOGOI Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, Amicus Curiae for R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 13.08.2026 Heard Mr. J. M. Gogoi, learned counsel for the petitioner. Also heard Mr. B. K. Sharma, learned Additional Public Prosecutor appearing for the State of Assam and Mr. S. Nawaz, learned counsel or respondent No.2. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Sumit Karmakar has prayed for releasing him on bail after he was arrested on 15.11.2025 in connection with POCSO (Special) Case No.219/2025 registered under Section 64(2) (M)/3(5) of BNSS read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 arising out of North Lakhimpur Police Station Case No. 385/2025. 3. The investigation of the case is over and the trial is presently proceeding, and the deposition of the victim has also been recorded. The present petitioner, along with three other co-accused, had been charged under Section 64(2) (m)/3(5) of the BNS, 2026 read with Section 6 of the POCSO Act., upon the allegation of commission of rape/penetrative sexual assault upon the victim, the petitioner has already spent 270 days behind bars. Co-accused of this case has already been granted bail vide order dated 30.07.2026 in Bail Application No. 1854/2026. 4. Having regard to the material available on record and the progress of the trial, I am of the view that the petitioner should be released on bail. The prayer for bail is allowed. The petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties, of the like amount, to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with POCSO (Special) Case No.219/2025 under Section 64(2) (M)/3(5) of BNSS read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 arising out of North Lakhimpur Police Station Case No. 385/2025 pending in the Court of learned Special Judge (POCSO), North Lakhimpur, Lakhimpur. Page No.# 3/3 5. It is further provided that the petitioner shall regularly participate in the trial and shall not try to tamper with the remaining witnesses. 6. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant