Page No.# 1/3 GAHC010191192026 2026:GAU-AS:14576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2604/2026 SABED ALI SON OF SHAHJAMAL ALI, RESIDENT OF VILLAGE- MAMUDPUR PART-II (PILLABARI), P.S- MATIA, DIST- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:HATEM ALI S/O LATE ABDUL GAFUR RESIDENT OF VILLAGE- MAMUDPUR PART-II (PILLABARI) P.S- MATIA DIST- GOALPARA ASSAM Advocate for the Petitioner : MR N J DAS, MS. B DEVI Advocate for the Respondent : PP, ASSAM, MR. S H RAHMAN(R2) -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 Heard Mr. N. J. Das, learned counsel appearing for the accused applicant. Also heard Mr. K. K. Parasar, learned Addl. PP for the State of Page No.# 2/3 Assam and Mr. S. H. Rahman, learned counsel appearing for respondent No. 2. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused applicant in connection with Matia P.S. Case No. 81/2026 registered under Section 137 (2)/140 (3)/64 (1)/77/351 (2) of BNS, 2023 read with IT Act read with 4/14/15/21 of POCSO Act. 3. The allegation as made in the FIR dated 28.07.2026 filed by one Hatem Ali before the Officer-in-Charge, Matia Police Station is that about a year ago, the informant’s daughter while going to the school was taken away by the accused applicant in his e-rickshaw and thereafter, taking her to his younger sister’s house has committed raped on her and recorded her obscene video in his mobile phone. It is alleged that his minor daughter did not return home and later on, one Juran Ali and Golap Hussain brought her back to her home. After getting back home, she disclosed the story to the informant. It is stated that the informant wanted to file the FIR but the villagers requested him not to inform the Police and assured that the matter would be resolved between the 2 (two) parties but the issue was not resolved at that point of time, however, a week ago, the father of the accused applicant gave a proposal of marriage of his son to his daughter but as his daughter is a minor, the proposal was refused. It is also alleged that after the refusal certain private and naked video of the informant’s daughter have been uploaded in certain social media platform. 4. On receipt of the FIR, the Police registered the Matia P.S. Case No. 81/2026 under the aforementioned sections. Page No.# 3/3 5. The learned counsel appearing for the accused applicant submits that the accused applicant has been arrested on 07.08.2026 and since then, he is behind the bar. He submits that he has been falsely arrested as it is apparent from the FIR that the informant though, alleged the incident to have happened one year ago, the FIR has been filed only recently. He further submits that the platform and the link that has been given in the FIR, wherein, the accused applicant has allegedly uploaded the naked videos of the informant’s daughter is not correct and his URL link is in fact a different one. In view of the aforesaid, he submits that the accused applicant who is a 19 years old boy should be granted bail, at this stage. 6. The Case Diary has been received and the same has been perused. 7. The learned Addl. PP as well as the learned counsel appearing for respondent No. 2 have opposed the bail prayer of the accused applicant. 8. This Court has perused the Case Diary and the statement of the victim girl. 9. On perusal of the same and having found prima facie materials against the accused applicant, this Court is not inclined to grant bail, at this stage. Accordingly, the instant bail application stands rejected. JUDGE Talom Tali, Private Secretary