Page No.# 1/3 GAHC010042592026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./604/2026 RAHUL NATH SON OF SRI SITARAM NATH RESIDENT OF VILL- KALBARI,P.S. TAMULPUR, DIST. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. SABITA RAJBONGSHI W/O SRI HITESH NATH RESIDENT OF VILL- KALBARI P.S. TAMULPUR DIST. TAMULPUR ASSAM PIN-78136 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 29.05.2026 Page No.# 2/3 Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P. and Ms. T. Parashar, learned Amicus Curiae for the respondent No.2. 2. In this application under Section 483 BNSS 2023, the accused-petitioner, namely, Rahul Nath, is seeking bail in connection with Spl. POCSO Case No. 245/2025 under Section 65(2) of BNS, 2023 read with Section 6/10 of POCSO Act, pending in the learned Court of Special Judge (POCSO), Baksa, Mushalpur arising out of Tamulpur P.S. Case No. 195/2025 under Section 65(2) of BNS, 2023 read with Section 4/10 of POCSO Act. 3. This is the second bail application on behalf of the petitioner, the earlier bail application having been rejected vide order dated 09.01.2026 in Bail Appln No.2904/2025 4. The learned counsel for the petitioner submits that the trial of the case is already proceeding and the evidence of the vital witnesses i.e. the informant and the victim have already been recorded. It is further submitted that from the evidence of the victim it appears that she only mentioned about the accused touching her vagina and hence Section 6 of the POCSO Act may not been attracted in the absence of evidence of penetration and the remaining provision is Section 10 of the POCSO Act pertaining to sexual assault which is a lesser offence. 5. Per contra, learned Addl. P.P. submits that the statement of the victim about the fact of penetration is supported by the medical report wherein it is stated that there was insertion of a finger into the genitalia causing abrasion and mucosal changes of the valva with redness present in the vagina. 6. Furthermore the victim has complained of pain while urinating which could not have been the case in the absence of penetration. 7. The learned Amicus Curiae has also submitted in the same line as the learned Additional Public Prosecutor and has also relied upon the decision of the Hon’ble Apex Court in the case of X… -vs- State of Uttar Pradesh and Another reported in 2026 SCC Online SC 43. 8. I have perused the TCR and it appears that since the filing of the Charge-Sheet, the trial has been progressing, the charge having been framed under Section 6 of the POCSO Act. 9. The deposition of the informant mother as well as that of the victim has also been recorded and they have implicated the petitioner. 10. Having regard to the above and in considering the gravity of the offence, the prayer for bail stands rejected at this stage. Page No.# 3/3 11. Bail application stands disposed of. JUDGE Comparing Assistant