Page No.# 1/3 GAHC010283832025 2026:GAU-AS:2193 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4107/2025 SRI PAPU DAS S/O LATE MANIKANTA DAS R.O - SHANTIPUR HILL SIDE, MATHUPUR NAGAR, P.S - BHARALUMUKH, DIST - KAMRUP METRO, PIN - 781009, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY PP, ASSAM 2:SMTI MONI BISWAS S/O SRI SUPEN BISWAS R/O - CHAMPAVATI GANESHPARA P.S - FATASHIL AMBARI PIN - 781025 DIST - KAMRUP METRO ASSA Advocate for the Petitioner : MR. A K GUPTA, MS. K BORUAH,MS M BORAH,MR. P GOHAIN Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE R2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16-02-2026 Heard Mr. A.K. Gupta, the learned counsel appearing for the accused applicant. Page No.# 2/3 Also heard Mr. R.J. Baruah, the learned Addl. P.P., Assam representing the State respondent and Mr. S. Das, learned Amicus Curiae appearing for the respondent No.2. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused, namely Papu Das in connection with Session Special (P) Case No.81/2025 under Sections 140(3)/70(2) of BNS, 2023 read with Section 6 of the POCSO Act, 2012, arising out of Fatasil Ambari P.S. Case No.30/2025. 3. An FIR was lodged by the informant, who is a minor, on 13.02.2025, alleging that she was kidnapped from a place near Ideal Nursery, Guwahati and forcibly taken to Silchar by one Alakesh Sharma and thereafter, on reaching Silchar, the aforesaid Alakesh Sharma met the accused applicant and thereafter, they told the minor girl that they would be coming back to Guwahati via Diphu. While on the way to Diphu the accused applicant along with the aforesaid Alakesh Sharma raped the minor girl several times. It is also alleged that the victim girl was raped several times before they reached one petrol pump, wherein taking an excuse of going for urination the victim girl fled away and contacted her parents through mobile phone of some unknown person. 4. On receipt of the FIR, the police registered Fatasil Ambari P.S. Case No.30/2025 under the aforementioned Sections. 5. After investigation, the police filed charge-sheet against the accused applicant along with the other co-accused person. The accused applicant was arrested on 13.02.2025 and since then he is in judicial custody. 6. Mr. A.K. Gupta, learned counsel for the accused applicant submits that in the instant case trial has started and 6 (six) out of 7(seven) PWs have already been examined and therefore, taking into account his long stay in judicial custody as well as the stage of the evidence, this Court may allow the accused applicant to go on bail at this stage. He submits that the accused applicant shall cooperate with the trial and appear before the Trial Court as and when required. Page No.# 3/3 7. On the other hand, Mr. R.J. Baruah, learned Addl. P.P. submits that the trial is going on in a reasonable speed and it is to be completed soon and therefore, at this stage, there is no requirement of releasing the accused applicant from judicial custody. He further submits that the Trial Court records prima facie reveals the involvement of the accused applicant in the heinous crime. 8. Mr. S. Das, the learned Amicus Curaie appearing for the respondent No.2 submits that the allegation is of a heinous crime, wherein a minor girl was alleged to have been raped several times taking her to a different place from Guwahati. He supports the submission made by the learned Addl. P.P. 9. The Trial Court records in the instant case has been produced before this Court and the same is perused. 10. After hearing the submissions of the learned counsel appearing for the respective parties and on perusing the materials placed before this Court, this Court is of the considered opinion that at this stage, the accused applicant should not be released on bail. 11. In view of the above, this bail application stands rejected. JUDGE Comparing Assistant