Page No.# 1/3 GAHC010119752026 2026:GAU-AS:12711 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1610/2026 SRI BIRESWAR DOWARAH S/O LATE PURNA DOWARAH,RESIDENT OF BORBIL GAON, P.O BORBIL GAON, P.S KHOWANG, DISTRICT GOLAGHAT, ASSAM,PIN 785675 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE PP, ASSAM 2:SMTI JYOTI ORANG W/O MANOJ ORANG 3:DEEP GOGOI S/O SRI GHANA GOGOI 4:SMTI JURI GOGOI W/O MONIRAM GOGOI 5:ATUL GOGOI S/O SRI MAGHUWA GOGOI 6:SMTI DEWARI ORANG W/O SRI BIHOWA ORANG OPPOSITE PARTY NO. 2 TO 6 ALL ARE R/O NALANICHAMUAH GAON P.S MORAN DISTRICT DIBRUGARH ASSAM PIN 78567 Advocate for the Petitioner : MR N N UPADHYAYA, MR. S UPADHAYA,MR. B B KAKATI Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE(R2-6) Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of the BNSS for granting bail to the accused/petitioner, who was arrested on 26.08.2025 in connection with Khowang P.S. Case No. 15/2025, corresponding to GR No. 926/2025, under Secton 65(2) of the BNS, r/w Section 4 of the POCSO Act, 2012 and Charge Sheeted under the same sections (Charge Framed against the accused/petitioner under Section 65(2)/75(2) of the BNS, 2023 r/w Section 6/10 of the POCSO Act, 2012 by the learned Court of Additional Session Judge (FTC), Dibrugarh in POCSO Case No. 112/2025). 3. Scanned copy of the TCR has been received and perused. 4. The allegations pertain to the commission of sexual assault as well as penetrative sexual assault on a number of minor girls aged about 9 to 10 years. The learned counsel for the petitioner submits that the petitioner suffers from Page No.# 3/3 certain medical conditions, is an aged person of about 61 years, and has placed on record the order dated 28.08.2026 passed by the learned Special Judge, POCSO, wherein the Superintendent of Jail was directed to provide necessary medical equipment to the accused. As per the report of the Medical Officer, the petitioner was suffering from lower back pain, was given necessary treatment, and has responded well, remaining clinically stable. 5. The learned Amicus Curiae representing the informants submits that although 10 witnesses have been examined, a number of other material witnesses including 1 of the informants, are yet to be examined. 6. The evidence recorded so far has also been perused. 7. Having regard to the materials on record, the nature and gravity of the offences alleged, and the stage of the trial, I am not inclined to release the petitioner on bail at this stage. 8. Accordingly, the prayer for bail stands dismissed. JUDGE Comparing Assistant