Page No.# 1/4 GAHC010187742026 2026:GAU-AS:13746 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2571/2026 SRI HIRAKJYOTI GOHAIN AND ANR S/O- LATE JAYANTA GOHAIN, R/O- CHUNGAJAN 4 NO. SANTIPUR, P.S.- CHUNGAJAN, DIST-GOLAGHAT, ASSAM. 2: SRI PRABAL SAIKIA S/O- NITUL SAIKIA R/O- CHUNGAJAN NABA MILANPUR P.S.- CHUNGAJAN DIST- GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI CHAKRADHAR SAIKIA S/O- LILADHAR SAIKIA VILL- NARAYAN PATHAR P.O.-DHUPGURI P.S.- URIAMGHAT DIST- GOLAGHAT ASSAM. PIN- 78560 Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 16.09.2026 Heard Mr. A. Khanikar, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by two accused, namely, Hirakjyoti Gohain and Prabal Saikia, who have been languishing in jail hazot in connection with Special (P) Case No. 48/2026, under Sections 137(2)/70(2) of the BNS, 2023, read with Section 6 of the POCSO Act, pending before the Court of learned Special Judge (POCSO), Golaghat, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Durgeswar Saikia (actual name withheld) on 23.04.2026, before the Officer-in-charge, Sarupathar Police Station. The allegation in the FIR is that on 19.04.2026, in the afternoon, the minor daughter of the informant Smt. X (name withheld) went to the house of her maternal uncle and returned on the next date. Thereafter on 23.04.2026, she disclosed before her grandmother that one Pranjal Gogoi and three others committed rape upon her in the night of 19.04.2026, inside a house at Chungajan. 4. It is to be noted here that though notice was served to the respondent No. 2, yet the respondent No. 2 remains unrepresented today. In that view of the matter, Mr. S. Nawaz, learned counsel is appointed as Amicus Curiae to represent the respondent No. 2, and the relevant documents have been furnished to him. 5. Mr. Khanikar, the learned counsel for the accused submits that the father Page No.# 3/4 of the accused No. 1 already suffered demise and his grandfather, namely, Haren Gohain suffered demise on 20.08.2026, and the date of his Adya Shraddha is fixed on 19.09.2026, and that there is no male member in his family except his mother, and as such, Mr. Khanikar submits that the accused No. 1, Hirakjyoti Gohain may be granted interim bail to perform the Adya Shraddha of his grandfather. 6. On the other hand, Mr. Sarma, learned Additional Public Prosecutor submits that the offences are very heinous in nature and in her statement recorded under Section 183, BNSS, the victim has vividly described the offence, and given the nature and gravity of the offence, privilege of bail cannot be granted to the present accused persons. Mr. Sarma also submits that the accused No. 1 has enclosed one invitation letter for Adya Shraddha of his grandfather as Annexure-D, page No. 32 to the petition, but the same is also doubtful, and as such, he has contended to dismiss the petition. 7. Per contra, Mr. Nawaz, learned Amicus Curiae for the respondent No. 2 also submits that offences are heinous in nature and the victim has clearly implicated the present accused persons with the offence alleged in the FIR, and as such, he has contended to dismiss the petition. 8. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned trial Court as well as the statement of the victim girl recorded under Section 183, BNSS. 9. Having perused the statement of the victim girl recorded under Section 183, BNSS and also other relevant papers available on the scanned copy of the Page No.# 4/4 record, and also considering the nature and gravity of the offence, this Court is of the view that this is not a fit case where the privilege of bail can be extended to the accused persons, and accordingly, this petition stands dismissed. 10. However, considering the fact that accused No. 1, Hirakjyoti Gohain is the only male member of his family and since the Adya Shraddha of his grandfather will be held on 19.09.2026, this Court is inclined to direct the Superintendent of District Jail, Golaghat to make necessary arrangements on 19.09.2026, to take the accused No. 1, Hirakjyoti Gohain to his house with police escort on that day at 9 a.m. so that he can attend the Adya Shraddha of his grandfather, and thereafter, he shall be taken to jail with police escort at 3 p.m. 11. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant