Page No.# 1/4 GAHC010287092025 2026:GAU-AS:2615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./107/2026 HUSSAIN AHMED S/O- KMRUL HUDA, PERMANENT R/O- URALKATA WARD NO. 10, P.S. MOIRABARI, DIST .- MORIGAON, ASSAM, PIN- 782126. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:FURKAN ALI S/O LATE ARAJ ALI R/O- TATIKATHA PATHAR WARD NO. 6 P.S- MOIRABARI P.O.- MOIRABARI PIN- 782126 MOIRGAON ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MS S AHMED,MS F INTAZ Advocate for the Respondent : PP, ASSAM, MR. M M ZAMAN(R2),MR. M AHMED (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.02.2026 1. Heard Mr. M. A. Sheikh, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam and Mr. M. Ahmed, learned counsel for the respondent No.2, the informant. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting bail to the below named accused petitioner, who is in jail since 13.06.2026, in connection with POCSO Case No. 116/2025 of the Court of Addl. Sessions Judge cum Special POCSO, Morigaon, under Section 140(3) BNS and read with Section 6 of POCSO Act. 3. An FIR was lodged on 10.06.2025 by the informant, alleging that the victim boy is his nephew and that the accused applicant, who is the headmaster of a madrassa, called the victim boy to his room and engaged him to massage him, during such activities, he committed rape on the victim boy. On receipt of the FIR, the police registered Moriabari P.S. Case No. 96/2025 under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023, read with Section 6 of the POCSO Act. Subsequently, the accused applicant was arrested and sent to jail hazot on Page No.# 3/4 the same date. After investigation, the police filed a charge-sheet, vide Charge- Sheet No. 90/2025 dated 30.06.2025, under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023, read with Section 6 of the POCSO Act against the accused applicant. 4. Mr. M. A. Sheikh, learned counsel for the accused applicant, submits that the accused applicant has already been in jail for the last 153 days and that the informant as well as the victim boy has already been examined before the trial court. Therefore, he submits that, taking into account the length of detention as well as the fact that the most of the important witnesses have already been examined, this Court should grant bail to the accused applicant at this stage, as further custodial detention may not be required in the instant case. On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam, submits that there are sufficient materials against the accused applicant indicating his prima facie involvement in the instant case and that many of the witnesses named in the charge-sheet are yet to be examined. Therefore, at this stage, bail should not be granted. 5. Mr. M. Ahmed, learned counsel for the respondent has also supported the submission made by the learned Additional Public Prosecutor. 6. The TCR in the instant case has been produced before this Court and Page No.# 4/4 the same is perused. 7. After hearing the submissions made by the learned counsel appearing for the parties, this Court is of the considered opinion that, at this stage, bail should not be granted to the accused applicant. Accordingly, the instant bail application is rejected. JUDGE Comparing Assistant