Page No.# 1/4 GAHC010192112026 2026:GAU-AS:14188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2680/2026 SAMSUL ALOM S/O LATE SUKUR ALI R/O VILL PUB PADOGHAT PS DHOLA DIST DARRANG VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:SHRI BISWAJIT KALITA SO LATE NABIN CHAUDRA KALITA RO DUDHNOI PS DUDHNOI DIST GOALPARA ASSAM PIN 783101 ------------ Advocate for : MR. D K BAGCHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 24.09.2026 Heard Mr. D.K. Bagchi, learned counsel for the accused. Also heard Mr. P. Borthakur, Page No.# 2/4 learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. A. Sharma, learned amicus appearing for the respondent No.2. 2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Samsul Alom, who has been languishing in jail hazot since 25.06.2026, in connection with Paltanbazar P.S. Case No.166/2026, under Section 123/127(4)/143(5)/144(1)/351(3)/65(1)/96 of the Bharatiya Nyaya Sanhita (BNS), 2023, Section 6 of the POCSO Act, Sections 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956 and Sections 75/77/79/81 of Juvenile Justice (Care and Protection of Children) Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Ranjit Kalita (name withheld) of New Dudhnoi, under Dudhnoi Police Station of Goalpara, on 20.06.2026. The essence of allegation, in the FIR, dated 20.06.2026, is that he was informed on 28.05.2026 by the Officer-in-Charge of the Goalpara Sadar Police Station that a minor girl, namely, Smt. X (name withheld), aged 15 years, resident of Owguri Pahar, Bapuji Nagar, Tezpur, had came from Guwahati along with Smt. Bipuna Rabha, a resident of Kharmuja, Goalpara and taken shelter in Kharmuja village. Then, the Child Welfare Committee, Goalpara, had taken custody of the girl and recorded her statement and she reveals that in absence of her parents, she used to stay with her maternal uncle and aunt and due to ill treatment, she left home to find a job and arrived at Fancy Bazar, in Guwahati, and while searching for work, she met an individual, namely, Biki Ali, who promised her to provided a job at a beauty parlour in Ulubari. And arriving at Ulubari, he taught her the beauty parlour works and from the second day, Biki Ali, gave her injection and fed her intoxicating substances with rice and daily Biki Ali sent male person to her room and forced her to have sexual intercourse with that person and she was confined in that house by Biki Ali for approximately 15 days and about 40 nos. of girls staying on the upper floor of the said building and when the customer comes, the girls were asked to stand in line and if anybody makes objection, then that girl was threatened to be killed and that the victim girl is now being kept at the “Saktishdhan” State Home, located at Bapuji Nagar, Goalpara. Page No.# 3/4 4. Mr. Bagchi, learned counsel for the accused, submits that the accused was arrested on 25.06.2026, and since then he has been languishing in jail hazot and that the investigation of the case has already been completed and charge-sheet has been submitted, now pending for trial before the learned Special Judge (POCSO), Kamrup(M), Guwahati, at the stage of evidence and he further submits that though charge-sheet is also submitted under the POCSO Act, yet, the said provision is not attracted in the case of the present petitioner, as he is the owner of a second hand Alto Car, bearing Registration No.AS-01ES-6615, which was purchased for giving the same on hire and he has no role or association with the other accused person whatsoever and that the accused will face the trial and will appear before the learned Trial Court on each and every date and under such circumstances, he has contended to allow this application. 5. Per contra, Mr. Borthakur, learned Additional P.P., has vehemently opposed the petition. He submits that the I.O. during the course of investigation has collected sufficient incriminating materials against the accused and that the trial is going on and if the accused is enlarged on bail, then it may cause delay in completion of trial and therefore, he has contended to dismiss the petition. 6. On the other hand, Mr. Sharma, learned amicus representing the respondent No.2, submits that the informant has no objection in the event of releasing the accused on bail. 7. Having heard the submission of learned counsel for both the parties, 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. 8. It is not in dispute that the accused was arrested on 25.06.2026, and since then he has been languishing in jail hazot and investigation of the case has already been completed and charge-sheet has been submitted and now the case is pending before the learned Special Judge (POCSO), Kamrup(M), Guwahati, for trial. Further, considering the role of the accused in transporting the victim by his car and his complicity with the accused Biki Ali, and also consider the nature and gravity of the offence and the punishment prescribed for the same, this Court is of the view that this is not a fit case Page No.# 4/4 where the privilege of bail can be granted to the accused. Accordingly, this bail application stands dismissed. Comparing Assistant Sd/- Robin Phukan JUDGE