Page No.# 1/4 GAHC010285392025 2026:GAU-AS:2844 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4135/2025 KAWSAR AHMED S/O HELAL UDDIN VILL AND P.O. SADARASHI P.S. KARIMGNAJ DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:HASNA BEGUM (INFORMANT) W/O JOMIR UDDIN VILL- DEFOLALA P.O. BUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM. PIN-78330 Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,J M SULAIMAN,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, MS. D PATHAK, AMICUS CURIAE R2 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 1. Heard Mr. S. S. Ahmedh, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam as well as Ms. D. Pathak, learned amicus curiae for the respondent No.2. 2. This is an application under Section 483 of the code of BNSS, 2023 for granting bail to the petitioner who was arrested on 27.01.2025 in connection with Patharkandi P.S. Case No. 209/2025 under Section 87/65(1)/117(2)/3(5) read with Section 4 of POCSO Act. 3. The FIR was lodged on 09.09.2025 by one Hasna Begum, the mother of the victim girl alleging that, one Sujon Ahmed, the accused no. 1, along with three (3) other persons named in the FIR helped the accused No. 1 to kidnap her daughter. It was alleged that thereafter, she was taken to Mizoram with the help of accused No. 3, namely, Hena Begum and accused no. 4, namely, Sahab Uddin to Mizoram forcefully and there the accused no. 1 rapped the minor daughter of the informant. On receipt of the FIR police registered Patharkandi P.S. Case No. 209/2025 under Section 87/65(1)/117(2)/3(5) read with Section 4 of POCSO Page No.# 3/4 Act. 4. The learned counsel appearing for the accused applicant submits that the accused applicant is the brother of the main accused, i.e., accused No. 1 named in the FIR, and that he has no role in the alleged kidnapping and rape of the victim girl. It is submitted that he has been implicated in the case solely on the ground that he is the brother of the main accused. The learned counsel further submits that, vide order dated 19.12.2025, the accused applicant was granted interim bail and, in terms of the said order, he has already appeared before the Investigating Officer and has been fully cooperating with the investigation. Therefore, it is prayed that the interim bail granted earlier be confirmed at this stage. 5. On the other hand, the learned APP submits that since the main accused in the instant case is yet to be arrested and there are prima facie materials indicating the involvement of the accused applicant, the interim bail should not be confirmed at this stage. The learned Amicus Curiae has also supported the contention raised by the learned APP. 6. Having regard to the entire facts and circumstances of the case and upon perusal of the Case Diary, this Court is of the considered opinion that the interim Page No.# 4/4 order dated 19.12.2025 is liable to be confirmed. Accordingly, the interim order dated 19.12.2025 is hereby confirmed on the same terms and conditions as mentioned therein. 7. In view of the aforesaid directions, the instant bail application is disposed of. JUDGE Comparing Assistant