Page No.# 1/3 GAHC010014592026 2026:GAU-AS:6653 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./405/2026 PREM KUMAR SAHANI ALIAS DILKHUSH KUMAR S/O ARJUN SAHANI R/O BELARI, WARD NO.8, P.S. UJIYARPUR, DIST. SAMASTIPUR (BIHAR) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:PRAMOD SAHANI S/O LATE MAHADEV SAHANI R/O H. NO. 58 VISHNUPUR SHIV MANDIR LOCALITY P.S. BHARALUMUKH P.O. BIRUBARI GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781016 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR. AJAY SARMA,MR. S MUNIR,MR. C K NATH,MS S JAIN,MR P DOLEY,H BAISHYA,MR J SINGH,MR H AGARWAL Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14-05-2026 Heard learned counsel Mr. S. Munir for the petitioner Sri Prem Kumar Sahani @ Dilkhush Kumar, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars in connection with Sessions (Spl.) Case No. 206/2025 arising out of Bharalumukh Police Station Case No. 111/2025 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 pending before the Court of learned Special Judge (POCSO), Kamrup (M) at Guwahati. 2. Heard learned Additional Public Prosecutor Mr. R.J. Baruah and learned Amicus Curiae Ms. T. Parashar for the respondent No. 2. 3. It is submitted by the learned Additional Public Prosecutor that the victim is 15 (Fifteen) years old and considering the gravity of the offence, the petitioner is not entitled to bail. Charges sheet has been recently submitted and the witnesses are yet to be examined. 4. Learned counsel for the petitioners has submitted that the victim is already married to the petitioner and she has given birth to a child on 23.12.2025. Learned counsel for the petitioner has submitted that statement of the victim under Section 183 of the BNSS, 2023 does not implicate the petitioner of any offence. 5. I have considered the submissions at the bar with circumspection. It appears that trial may not be hampered if the petitioner is enlarged on bail. 6. Considering all aspects, the petitioner is enlarged on bail on furnishing a Page No.# 3/3 bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two local sureties of like amount, one being a Government surety, to the satisfaction of the learned Trial Court. The learned Trial Court may also impose conditions to secure the attendance of the petitioner. 7. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant