Page No.# 1/3 GAHC010134462026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1826/2026 SRI GANESH SARMA S/O - SRI KARUNA SARMA, R/O HOUSE NO. 115, AMIYA NAGAR, NEAR SHIV MANDIR, CHANDMARI, P.O P.SCHANDMARI, DIST- KAMRUP(M), ASSAM, PIN-781003. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P ASSAM. 2:SMTI RINA DEKA BEGUM W/O TOFAJUL ALI R/O HOUSE NO. 29 NEAR KALI MANDIR JYOTI NAGAR P.O P.SCHANDMARI DIST- KAMRUP(M) ASSAM PIN- 781003 Advocate for the Petitioner : MR. M KALITA, H BORUAH,MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : PP, ASSAM, MR. S. K. CHAKMA(R2),MR I CHAKMA(R2),MS. D GHOSH(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 13.08.2026 Heard Mr. N.M. Das, learned counsel for the petitioner and B.K. Sarma, Page No.# 2/3 learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Also heard Mr. S.K. Chakma, learned counsel for the respondent No. 2. This is an application under Section 483 of the BNSS, 2023 for granting regular bail to the petitioner, namely, Sri Ganesh Sarma, in connection with Special POCSO Case No. 238/2025 (Chandmari P.S. Case No. 254/2025) registered under Section 65(1) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012 who was arrested on 20.10.2025. The FIR basically reveals that on 18.10.2025, the informant’s minor daughter, namely Ms. X aged about 15 years, had left her house to visit her friend’s house, but she did not return that day and she came back home on 19.10.2025 at around 6.00 p.m. and thereafter the informant came to know that a boy namely Ganesh Sarma had taken the informant’s daughter to his house and they had a physical relation. The learned counsel for the petitioner submits that the charge sheet has been submitted and trial has progressed and the deposition of the victim girl as well as the informant has been recorded. The informant and the medical officer has been recorded. It is further submitted that the petitioner has spent 294 numbers of days behind bars and medical evidence also reveals only tear of the hymen. Upon perusal of the record available in the scanned copy of the TCR, it appears that the evidence of the principal witness has been recorded. It also appears that there was a love affair between the petitioner, who is a 20 years boy and the victim. There is no allegation any forceful sexual intercourse Having regard to the above and the period of detention as well as progress of the trial, the prayer for Page No.# 3/3 bail is allowed. Accordingly, the petitioner named above be released on bail on furnishing a bond of 50,000/- with two sureties of the like amount to the satisfaction of the concerned learned Trial Court, subject to the conditions that the petitioner shall participate in the trial of the case as and when one commences and shall not intimidate any persons acquainted with the facts of the case, in any manner. The bail application is disposed of. JUDGE Comparing Assistant