Page No.# 1/2 GAHC010076732026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1065/2026 SRI BIRBAL DARIG S/O-SRI PEMULA DARIG, R/O- MAMOL GARBHAGA, AFALA GOAN, P.S. AND DISTRICT- SIVASAGAR, ASSAM. PIN CODE-785663. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM 2:SMTI BAGOM PANGING D/O- SRI CHENAI PANGING R/O- NAMONI MAMOL GARBHAGA AFALA GOAN P.O- AFALA P.S. AND DISTRICT- SIVASAGAR ASSAM. PIN CODE-785663 Advocate for the Petitioner : MR P KATAKI, MS N KASHYAP,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.05.2026 Heard Mr. P. Kataki, learned Senior Counsel, assisted by Ms. N. Kashyap, learned counsel representing the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam as well as Mr. S. Nawaz, learned Amicus Curiae, appearing for the respondent no. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sri Birbal Darig, who is facing trial in Special POCSO Case No. 28/2025, pending in the Court of the learned Special Judge (POCSO), Sivsagar, has prayed for releasing him on bail. The victim girl has been examined by the trial Court. She was a minor on the day of occurrence. She was forcibly raped by the petitioner and ultimately she became pregnant. She has supported the prosecution story in her evidence. Mr. Kataki has relied upon the period of detention already undergone by the petitioner in custody. I have considered the submissions made by the learned counsel for both sides. The victim girl has supported the prosecution story against the present petitioner. Moreover, this Court is of the opinion that allowing the petitioner to go on bail at this stage would hamper early disposal of the case before the Trial Court. For these two reasons, this Court hereby holds that the petitioner does not deserve to be released on bail, at this state, and his bail application is dismissed and disposed of accordingly. JUDGE Comparing Assistant