Page No.# 1/4 GAHC010011212026 2026:GAU-AS:2415 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./178/2026 SHRI RABIN DAS S/O SRI DILIP DAS, R/O VILL - CHENGELIMORA, PANPUR, P.S. - JAMUGURI, DISTRICT - SONITPUR, ASSAM.IN JAIL SINCE 08.12.2025 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SHRI NABIN BHAGAWATI S/O - LATE BAKULBHAGAWATI R/O VILL.-BHAGAWATI SUK P.O./ P.S.- JAMUGURI DISTRICT - SONITPUR ASSAM PH. NO. 9435485301 Advocate for the Petitioner : MR B PRASAD, MR P J BORAH Advocate for the Respondent : PP, ASSAM, MR. C PAUL(R2),MR. K P PATHAK(R2),MR H BHAGAWATI(R2),MR BHARGAV DAS(R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 Heard Mr. B. Prasad, learned counsel for the accused-applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent as well as Mr. B. Das, learned counsel appearing for the respondent no. 2. 2. This is an application under Section 483 of BNSS, 2023, praying for granting bail to the accused-applicant in connection with Jamuguri P.S. Case No. 130/2025, registered under Sections 61(2)/96/127(2)/65(1) of the BNS, read with Section 6 of POCSO Act, 2012, corresponding to GR Case NO. 1724/2025. 3. An FIR was lodged on 07.12.2025, by the informant, alleging that his daughter, aged about 15 years, went missing on 05.12.2025 at about 5:00 PM, when she went out to purchase some articles. It was alleged that subsequently, on 06.12.2025, she returned home and on enquiry she divulged that on 05.12.2025, in the evening, the accused persons, namely, Arjun Das @ Ak, Rabin Das (present petitioner) and Broslee Das induced her and told that they were going to take her to her boyfriend, namely, one Ganesh Karmakar and took her in a green coloured Tom-Tom vehicle to an area near Kowamara Paschim Jamuguri High School. It was alleged that the aforesaid accused person, Arjun Das had informed her that Ganesh Karmakar was inside the school premises and took her inside the school premises and after confining her, the accused person Arjun Das forcefully committed rape on her twice. It was alleged that somehow she escaped and reached home thereafter. 4. On receipt of the FIR, the Police registered Jamuguri P.S. Case No. 130/2025, under the aforementioned Sections against the accused persons. 5. Mr. Prasad, learned counsel for the accused-applicant submits that it is apparent and clear from the allegations contained in the FIR that there is no allegation against the Page No.# 3/4 accused-applicant, i.e., Shri Rabin Das in the instant case, whereby, he can be charged under Section 6 of the POCSO Act. He submits that on that ground alone the accused- applicant should be granted bail at this stage. 6. Mr. Parasar, learned Addl. P.P., on the other hand, submits that there are serious allegations against all the accused persons including the accused-applicant. However, charge under Section 6 of the POCSO Act, against the accused-applicant, prima facie, may not be applicable in the instant case. 7. On the other hand, Mr. Das, learned counsel for the respondent no. 2, vehemently opposed the prayer of bail to the accused-applicant at this stage. He submits that though Section 6 of the POCSO may not be strictly applied against the accused-applicant, there are various incriminating materials about the involvement of the accused-applicant along with the other accused persons in the instant case. Therefore, he submits that at this stage, the bail should not be granted to the accused-applicant, which may hamper the investigation of the case. 8. This Court has heard the submissions made by the counsel appearing for the respective parties and also perused the case records. 9. This Court, after considering the entire facts of the matter as well as the allegations specifically made in the FIR, is of the considered opinion that at this stage, the accused- applicant should be granted bail. Accordingly, it is directed that the accused-applicant to be released forthwith on bail on furnishing of bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with surety of like nature to the satisfaction of the learned Special Judge, POCSO, Sonitpur, subject to the following conditions:- (i) that the accused-applicant shall appear before the Trial Court as and when required and fully cooperate with the investigation; (ii) that the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; Page No.# 4/4 (iii) that the accused-applicant shall not tamper with the evidence nor hamper the investigation in any manner whatsoever; 10. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant