Page No.# 1/3 GAHC010031552026 2026:GAU-AS:3713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./504/2026 ANANTA JAISOWAL ALIAS LALMATHA S/O LATE PRAYAG JAISOWAL R/O- WARD NO. 2, BOKAKHAT P.S.- BOKAKHAT, DIST- GOLAGHAT, ASSAM PIN-785612 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SRI BUDHAN URANG S/O LATE KANDUWA URANG R/O JAPIJURI P.S.- DOLAMARA DIST- KARBI ANGLONG ASSA Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, MR S DUSAD(R2),MR. A. M. SIDDIQUE(R2) BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 13.03.2026 Heard Mr. M.K. Kalita, learned counsel for the petitioner. Also heard Mr. K. Page No.# 2/3 Baishya, learned Addl. P.P. appearing for the State respondent and Mr. A.M. Siddique, learned counsel for the informant/respondent no.2. 2. This is an application filed under section 483 BNSS, 2023 praying for bail to the accused/petitioner in connection with Doloma P.S Case No. 01/2026 u/s 65(1) of BNS r/w section 6 of POCSO Act corresponding to G.R Case No. 05/2026 passed by the learned Special Judge (POCSO), Karbi Anglong. The accused was arrested on 07.01.2026. 3. The allegation case arose out of an FIR dated 06.01.2026. The allegation that on that day in the afternoon, while the informant and his wife were not present at home, the accused person came to their house and committed rape upon their mentally disabled minor daughter aged of 14 years, and at that time another minor daughter, her sister, was also in the house washing utensils at the backside of the house. 4. The learned counsel for the petitioner submits that the petitioner has been in custody for 65 days; and that he used to come to their locality in the course of work and developed acquaintance with the victim girl and her family; that the medical report indicates her age as 17 to 19 years, and therefore, provisions of POCSO Act may not come. 5. Mr. Siddique, learned counsel appearing for the informant opposing the bail and submits that the girl suffers from a disability and the ingredients of penetrative sexual assault under Section 6 of the POCSO Act should also come and further submits that the accused is someone known to the victim. 6. The scanned case report has been received. After completion of investigation, charge-sheet has been submitted under Section 10 of the POCSO Act R/W with Section 329(4)/75 (2) BNSS. Page No.# 3/3 7. Charge has not yet been framed. From the scanned materials, I have perused the statement of the victim girl recorded under 180 BNSS, as also the statement of her minor daughter referred to by the informant/father in the FIR. In her statement, the sister of the victim has stated about the calling out of the victim, and upon going saw the accused person running out of the house telling them not to tell anyone about it. She also found some of the wedding apparel of her victim's sister in a disrobed situation. 8. The petitioner is stated to be aged about 60 years. From the materials including medical report, it is indicated that the victim girl suffers from some disability. As per her parents, she is a minor girl, but in a medical report it is indicated as 17 to 19 years. 9. Considering - the age of the accused, the age of the victim, the nature of the allegations, including the aspect of disability of the victim, the alleged offences being of the serious nature, and as trial has not yet started - the bail petition stands rejected at this stage. 10. Return back the case diary. JUDGE Comparing Assistant