Page No.# 1/4 GAHC010000892026 2026:GAU-AS:2924 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./45/2026 SANJEEV RAI S/O SHRI BOBEN RAIR/O BISHNUPUR ADARSHA GOAN, P.O. AND P.S. GELAKEY, DIST. SIVASAGAR, ASSAM, PIN-785696 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BABU BHARALI S/OLATE JUREN BHARALI R/O BISHNUPUR ADARSHA GOAN P.O.AND P.S. GELAKEY DIST. SIVASAGAR ASSAM PIN- 785696 MOBILE NO. 600207157 Advocate for the Petitioner : MR. P D NAIR, MR S R A NASER,MR. H ROHMAN,MR G ALAM Advocate for the Respondent : PP, ASSAM, MS S BORA, AMICUS CURIAE R2 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 1. Heard Mr. H. Rohman, learned counsel for the accused applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam as well as Ms. S. Bora, learned Amicus curiae for the respondent No. 2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the applicant; in connection with Gelakey P.S. Case No. 15/2025 under Section 3(5) Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, corresponding Special (P) Case No. 26/2025, in connection with which the applicant was arrested on 23.04.2025; Charge Sheet No. 19/2025 dated 17.06.2025 filed against the applicant and another under Section 3(5) of BNS, 2023 read with Sections 6 of the POCSO Act, 2012 in Gelakey P.S. Case No. 15/2025 by the Investigating Officer. 3. An FIR was lodged on 22.04.2025 by one Babu Bharali alleging that when his minor sister due to some gynecological problem, visited Gelakey Primary Heath Center for treatment, on examination she was found to be Page No.# 3/4 carrying pregnancy of about two months. It was alleged that subsequently, an ultrasound was conducted at a Nursing Home, Sivasagar and the report revealed a positive pregnancy of about two months. It was alleged that police produced his sister before the Child Welfare Committee, she allegedly stated that the applicant and another person had committed forceful sexual intercourse with her, as a result of which she became pregnant. 4. On receipt of the FIR, the police registered Gelakey P.S. Case No. 15/2025 under Section 3(5) Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 was registered. 5. On completion of the investigation, Charge Sheet No. 19/2025, dated 17.06.2025 was submitted by the Investigating Officer wherein 13 persons have been named as PWs. 6. The learned counsel appearing for the accused applicant submits that the accused applicant has been in custody for the last 308 days and is a boy aged 19 years. He further submits that since the informant and the victim girl have already been examined before the trial court, there is no further requirement for custodial detention of the accused applicant at this stage. 7. Mr. K. K. Parasar, learned APP, on the other hand, submits that prima facie materials are available implicating the accused applicant in the Page No.# 4/4 commission of the offence as alleged in the FIR. He further submits that the trial is progressing at a reasonable pace and is expected to be completed within a reasonable time. Therefore, at this stage, the accused applicant should not be granted bail. His submissions have also been supported by the learned Amicus Curiae appearing for respondent No. 2. 8. This Court has gone through the materials brought before this Court as well as heard the submissions made by the counsel for the respective parties. Taking into account the fact that a heinous crime has been committed by the accused applicant and there are other prima facie incriminating materials against the accused applicant, who is a villager of the same village of the victim girl, this Court is of the considered opinion that at this stage, the bail to the accused applicant should not be granted. Accordingly, the instant bail application is rejected. JUDGE Comparing Assistant