Page No.# 1/3 GAHC010024272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./385/2026 DIGANTA DOLEY SON OF SHRI TAPESWAR DOLEY, RESIDENT OF CHABOTI PADUMANI, POLICE STATION NORTH LAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SMTI BARNALI DOLEY PATIR WIFE OF BINOD PATIR RESIDENT OF CHABOTI PADUMANI POLICE STATION NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSAM Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR Advocate for the Respondent : PP, ASSAM, MR. R KONWAR(R2),MR D PEGU(R2),MR H ALI(R2),MR. U K BARMAN(R2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 11.03.2026 Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. R.R. Page No.# 2/3 Kaushik, learned Additional Public Prosecutor for the State and Mr. U.K. Barman, learned counsel for the informant/respondent No.2. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Diganta Doley, has prayed for bail in connection with Session (Special/Spl(P) Case No. 229/2025 under Section 329(4)/65(1)/62 of BNS, 2023 r/w Section 18 of POCSO Act, 2012, arising out of North Lakhimpur P.S. Case No. 417/2025, pending before learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. The case arose out of a complaint dated 08.12.2025 lodged by a mother of the alleged victim girl with the allegation that on 06-12-2025 in the night when she was at the nearby house of the accused for dinner and her 12 year old daughter was studying at home and the accused went to her house and attempted to rape her and hearing her screams, she arrived there whereupon the accused fled away. 4. The accused was arrested on 10.12.2025, presently in judicial custody. 5. It was submitted earlier that an FIR was filed against the informant and some family members from the side of the accused on the same day and which was registered as North Lakhimpur P.S. Case No. 418/2025. Case diary of the same was called for and received. With regard to the present FIR, a scanned copy of the TCR has been received wherein the statements of the victim girl recorded by police and before learned JMFC is available. Both the statements are prima facie in harmony with each other Page No.# 3/3 and they lend support to the allegations and implicate the accused person in much as he is alleged to have sexually abused the girl whereupon she raised hue and cry. 6. The learned Additional Public Prosecutor submits that the second FIR was lodged with regard to an incident of assault upon the present petitioner after the incident of sexual assault and the materials of investigation revealed sustaining of simple injuries. The learned counsel for the informant opposes bail at this case. The prosecution submits that the case was fixed on 24.02.2026 for framing of charge and the learned counsel for the petitioner fairly submits that charge was framed and next date is fixed on 24.03.2026. 7. Considering the materials as well as the young age of the girl and the fact that the petitioner is stated to be working in the police – I deem it prudent to reject the bail petition at this stage and it is accordingly rejected. However, it is hoped that the learned trial court in its wisdom would expeditiously examine the crucial witnesses, especially the minor victim girl. 8. The bail petition stands disposed of. 9. Send back the case diary, if any. JUDGE Comparing Assistant