Page No.# 1/3 GAHC010280442025 2026:GAU-AS:1324 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4102/2025 ABDUL BAREK SON OF MIYA HUSSAIN, RESIDENT OF VILLAGE- DHARMAPUR BLOCK, P.O.- KUTUBPUR, P.S.-LALUK, DISTRICT- LAKHIMPUR, ASSAM, PIN- 787054 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:OHIDUL ISLAM SON OF ABDUL SALAM RESIDENT OF VILLAGE- DHARMAPUR BLOCK P.O.- KUTUBPUR P.S. LALUK DISTRICT- LAKHIMPUR ASSAM PIN- 78705 Advocate for the Petitioner : MR R S CHAUHAN, MS. D CHAUHAN Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE R2) Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 03.02.2026 Heard Mr. R.S. Chauhan, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam as well as Mr. S. Nawaz, the learned Amicus Curiae appearing for the Respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail to the petitioner Abdul Barek who is facing trial in Special (POCSO) Case No.136/2024 pending in the court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. The allegation against the present petitioner is that he had sexually abused a five year old girl by pushing his finger into her vagina. The girl has already been examined in the trial. 4. Mr. Chauhan has submitted that the period of detention already undergone in custody deserves to be taken as a ground for releasing him on bail. 5. Mr. Das has objected to the said submissions stating that there are sufficient incriminating materials discernible against the petitioner. 6. I have considered the submissions made by the learned counsel of both sides. 7. After going through the evidence available in the record, this Court is of the opinion that the period of detention already undergone by the petitioner has no relevance in this case. Page No.# 3/3 8. The petitioner does not deserve to be released on bail at this stage especially for the the sake of early disposal of the case before the court below. 9. Therefore, the bail application is dismissed and disposed of accordingly. JUDGE Comparing Assistant