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2026 DAILYLAW 1715 (GAU)

RAHUL AMIN v. THE STATE OF ASSAM AND ANR

Bail Appln./185/2026 · 2026-02-23

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010009022026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./185/2026 RAHUL AMIN S/O FARAZ ALI VILL- DINKAR P.S. KAMALPUR DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KUSUM DEKA W/O ACHYUT DEKA VILL- ADARA P.S. RANGIA DIST. KAMRUP ASSAM PIN NO. 78138 Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,M ISLAM Advocate for the Respondent : PP, ASSAM, MS. L DEVI (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 24.02.2026 Heard Mr. F. Haque, learned counsel for the accused/applicant. Also heard Mr. R.J. Baruah, learned APP for the State and Ms. L. Devi, learned Legal aid Page No.# 2/2 Counsel for the respondent no.2. 2. This is an application under Section 483 of the BNSS, 2023 for granting regular bail to the accused/applicant in connection with Baihata P.S. Case No.298/2025 registered under Sections 64(1)/319(2) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012. 3. The FIR was lodged on 06.12.2025 by the mother of the victim girl, who is allegedly 17 years old. It has been alleged that the accused/applicant, for a considerable period of time, misrepresented him to the victim girl as being a Hindu boy. It is further alleged that on 06.12.2025, the accused took the minor victim to Swagat Hotel, situated at Baihata Chariali, where he allegedly had forcible sexual intercourse with her. Due to the said incident, the victim girl allegedly sustained severe injuries and was subsequently taken to Gauhati Medical College and Hospital for medical treatment. Upon receipt of the FIR, the police registered Baihata P.S. Case No. 298/2025 under the relevant sections of law. 4. The learned counsel for the accused/applicant submits that the victim girl and the accused were in a love relationship and that both are young individuals. It is further submitted that the accused/applicant was arrested on 07.12.2025 and has been in judicial custody for the last 79 days. On these grounds, prayer for bail has been made. 5. The case diary has been produced before the Court. Upon perusal of the materials available in the case diary, this Court has found incriminating materials suggesting a prima facie case against the accused/applicant. Therefore, at this stage, the prayer for bail of the accused/applicant stands rejected. JUDGE Comparing Assistant