Page No.# 1/3 GAHC010163572025 2026:GAU-AS:935 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2372/2025 ARIF AKOND ALIAS ARIF MIAH SON OF SHAHAJAMAL AKOND @ SHAHAJAMAL SK. R/O VILL- TELIPARA (DIARA), P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ZAHER ALI SON OF LATE MISKAR ALI R/O VILL- TELIPARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, TAWHID LASKAR(R-2),MR. D K AGARWALA (R-2) Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.01.2026 Heard Mr. A. Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam as well as Mr. T. Laskar, the learned counsel appearing for the Respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, namely- Arif Akand @ Arif Miah has prayed for regular bail in respect of Mankachar P.S. Case No.72/2025. 3. The informant is the paternal uncle of the 14 year old victim girl. He came to know that his niece was maintaining physical relationship with the present petitioner and as a result of which, the girl became pregnant. 4. The petitioner was arrested under Section 6 of the POCSO Act. 5. During investigation, it was revealed that the petitioner was a private tutor of the victim girl and on a promise of marriage he had sexual relation with the girl. 6. The argument put forward by the learned counsel Mr. Choudhury is that this is a false allegation brought against the present petitioner and the Investigating Officer should go for DNA test to verify the paternity of the baby of the victim girl. 7. I have considered the submissions made by the learned counsel of both sides. 8. In order to constitute an offence under the POCSO Act, the accused needs to be the biological father of the victim girl’s child. Law says whoever with sexual intention commits sexual intercourse with a minor girl, is guilty of an offence under the POCSO Page No.# 3/3 Act. 9. There are sufficient incriminating materials discernible against the present petitioner in this case. Therefore, he does not deserve to be released on bail. The bail application of the petitioner is rejected and disposed of accordingly. JUDGE Comparing Assistant