Page No.# 1/3 GAHC010002512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./34/2026 NUMAL GOGOI @ NOMAL GOGOI S/O LATE NIRMAL GOGOI, R/O VILL NATUN GAON, GANESHBARI, P.S. SADIYA, DIST. TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:SMTI ANIMAI GOGOI W/O SRI NUMAL GOGOI R/O VILL. NATUN GAON GANESHBARI P.O. SADIYA P.S. SADIYA DIST. TINSUKIA ASSAM PIN 78615 Advocate for the Petitioner : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.04.2026 Heard Mr. N. Hasan, learned counsel for the petitioner and Mr. R.J. Baruah, learned Public Prosecutor. Also heard Ms. T. Parashar, learned Amicus Curiae appearing for the informant. 2. This is an application filed u/s 483 of the BNSS, 2023 praying for granting of regular bail in respect of the petitioner who has been in custody since 26.06.2024 in connection with POSCO Case No. 83/2024 u/s 376(3) IPC, r/w Section 6/10 of the POCSO Act presently pending before the Court of the learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia (corresponding to Sadiya P.S. Case No. 45/2024. 3. In the present case, the trial is underway and five witnesses, including the victim have been examined. It appears that the charges against the main accused persons have been framed u/s 6 of the POCSO Act r/w Section 396(3) IPC, whereas, in respect of the present petitioner, the charge is u/s 10 of the POCSO Act relating to aggravated sexual assault. 4. It also appears that vide Orders dated 13.11.2024 & 06.08.2025, both of Page No.# 3/3 which were passed subsequent to the recording of the evidence of the victim on 13.11.2024, the learned trial court granted bail to the main accused persons in POCSO P.S. Case No. 83/2024. 5. Having regard to the above, and despite the objections of the learned Public Prosecutor and the learned Amicus Curiae, I am inclined to release the petitioner on bail. This decision is based on the principle of parity and the fact that the petitioner has spent 671 days in custody on a charge for a lesser offense compared to the main accused persons. 6. Accordingly, it is directed that the petitioner shall be released on bail of Rs. 50,000/- (rupees fifty thousand) with a surety of the like amount to the satisfaction of the learned trial court in connection with the aforesaid case. 7. It is further provided that the petitioner shall regularly participate in the trial and shall not try to influence or intimidate the remaining witnesses in any manner. 8. Petition stands disposed of accordingly. JUDGE Comparing Assistant