Page No.# 1/4 GAHC040018302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/137/2025 Samacharan Das Son of Shri Raju Das, resident of Liru Village, PO and PS Likabali, Lower Siang District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the PP of AP 2:Smti Isha Sharma Age: 0 Occupation : Mother of Miss A resident of Liru B Village Likabali PO and PS Likabali Lower Siang District Arunachal Pradesh. 3:Smti Moina Boro Age: 0 Occupation : mother of Miss B (Victim) resident of Liru B Village Likabali PO and PS Likabali Lower Siang District Arunachal Pradesh Advocate for the Petitioner : Dilip Saikia, Toko Rini,Marnya Ete,Tana Rini,Taku Pumbo Advocate for the Respondent : P P of AP, Amicus Curiae,Jambey Tsering Kee Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 07.01.2026 Heard Mr. Dilip Saikia, learned counsel for the petitioner. Also heard Mr. Gyati Tado, learned Additional Public Prosecutor, Arunachal Pradesh, appearing on behalf of respondent No. 1 and Mr. Jambey Tsering Kee, learned amicus curiae, appearing on behalf of respondent No. 2. 2. This is a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of the accused on regular bail who has been arrested in connection with Likabali P.S. Case No. 21/2025, registered under Section 64(2)(m) of the Bharatiya Nyaya Sanhita(BNS), 2023, read with Section 4(2) & 8 of the Protection of Children from Sexual Offences Act, 2012. 3. The case of the petitioner is that based on the First Information Report(FIR) lodged by 2(two) persons stated to be the mothers of the alleged 2(two) victims; the above-noted police case was registered against the accused under Section 64(2)(m) of the Bharatiya Nyaya Sanhita(BNS), 2023, read with Section 4(2) & 8 of the Protection of Children from Sexual Offences Act, 2012. The accused was arrested on 29.07.2025, and since then, he is languishing in police/judicial custody. 4. Earlier, a bail application was moved by the petitioner before the learned trial Court, seeking bail to the accused, however, the same was rejected on 26.09.2025 on the ground that the medical reports of the victims prima facie suggests aggravated penetrative sexual assault on the victims and they have expressed their fear of the accused; and the accused being a neighbour, there is every likelihood that he might influence the victims’ family members. Page No.# 3/4 5. In this bail application, the petitioner has not taken any new ground for grant of bail to the accused except that the prayer for grant of bail on health ground made in the earlier bail application before the learned trial Court was not properly been considered. 6. The learned Additional Public Prosecutor, Arunachal Pradesh, while objecting the bail, submits that now, the case has already been charge-sheeted and it is pending for consideration of charges. He further submits that let the depositions of the victims be recorded first as there is every possibility that the accused might influence the victims and their family members, he, being their nearest neighbour. 7. I have heard the learned counsels appearing for the parties and also perused the trial Court records. 8. Considering the nature and gravity of the offence alleged against the accused and also considering the fact that his earlier bail application was rejected on the ground that there is enough incriminating materials against the accused for commission of the aggravated penetrative sexual assault on the victims apart from the fact that the victims are minor girls and the accused being their neighour, there is every possibility of him influencing the victims and their family members, this Court is not inclined to grant bail to the accused at this stage. 9. In view of the above, the prayer for grant of bail to the accused stands rejected. 10. However, considering the long custodial remand of the accused without any trial proceeding, it is provided that the learned trial Court shall expedite the trial Page No.# 4/4 of the case and shall make an endeavour to record the depositions of the 2(two) victims preferably within a period of 3(three) months from the date of receipt of a certified copy of this order. 11. With the above observations, this bail application accordingly stands disposed of. JUDGE Comparing Assistant