Page No.# 1/3 GAHC010157112026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2175/2026 BRAJA KUMAR BRAHMA S/O- LATE DEOL SINGH BRAHMA, RESIDENT OF VILLAGE-PUB- MAKRA, PS- BIJNI, DISTRICT- CHIRANG, ASSAM, PIN-783390. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SMTI BANDANA BRAHMA WIFE OF SRI KHANIN BRAHMA RESIDENT OF VILLAGE- PUBMAKRA PS-BIJNI DISTRICT-CHIRANG ASSAM PIN-78339 Advocate for the Petitioner : MR. M U MAHMUD, S SEKH,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 12.10.2026 Heard Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor. 2. This petition under Section 482 BNSS is filed by the petitioner, namely, Page No.# 2/3 Braja Kumar Brahma, apprehending arrest in connection with Bijni P.S. Case No. 130/2025 corresponding to Special (P) Case No.01/2026 registered u/s 64(2)(f)/65(1) of BNS read with Section 6 of POCOS Act. 3. The allegation against the present petitioner is the commission of penetrative sexual assault upon a 13 year old girl who stands in the relationship of a grand-daughter to the accused petitioner. It is alleged that the petitioner had taken the victim girl to his house on two occasions and committed penetrative sexual assault upon her. 4. An earlier bail application in respect of the present petitioner was rejected by order dated 14/07/2026 in BA 904/2026. 5. Mr. M. U. Mahmood, learned counsel for the petitioner submits that the material witnesses such as the victim and the informant have already been examined and the petitioner is required to prepare his defense and furthermore, considering the period of detention of about 228 days, the prayer for bail may be allowed. 6. Per-contra learned Additional Public Prosecutor has submitted that four witnesses have been examined so far and they have fully implicated the petitioner and there is no inconsistency in their statements before the learned trial court and hence, the prayer for bail may be rejected. 7. Learned amicus representing the informant/ victim. Ms. Brown submits that considering the gravity of the offense involving rape of a 13-year-old girl leading to her pregnancy and delivery of a child, the prayer for bail may be rejected and that merely because of the fact that the victim and the informant has been examined, does not entitle the petitioner to the grant of bail. 8. It is further submitted that some more independent witnesses are yet to Page No.# 3/3 be examined and therefore, the prayer for bail may not be considered at this stage. 9. Having regard to the above submissions and the material available on record, the prayer for bail stands rejected at this stage. 10. Petition stands dismissed. JUDGE Comparing Assistant