Page No.# 1/3 GAHC010105232026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1398/2026 MONOWAR HUSSAIN S/O LATE MOJIBOR RAHMAN,R/O SONAHARA,P.S. BAGUAN, DISTRICT GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RAFIKUL ISLAM W/O LATE HASIM ALI R/O BAGHMARA P.S. BIJNI DIST. CHIRANG ASSAM PHONE NO. 690031478 Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MS. T PARASHAR, AMICUS CURIAE(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25 .06. 2026 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent No. 1 and Ms. T. Parashar, learned Amicus Curiae, representing the respondent No. 2, the Page No.# 2/3 informant. 2. This bail application has been preferred by the petitioner namely, Monowar Hussain under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Baguan P.S. Case No. 36/2026 registered under Section 6 of the POCSO Act, read with Section 75 of the J.J. Act. 3. As per allegation made in the FIR, the petitioner who is the Headmaster of Madrassa at Sonahara under Beguan P.S. of Goalpara District committed sexual assault with the victim boy, who is aged about 12 years and is the nephew of the petitioner and a student of the said Madrassa. 4. The learned counsel for the petitioner submits that the present FIR is motivated by the different reasons which are mentioned in the instant application namely, (i) refusal of the petitioner to allow payment of Rs. 50,000/- from the construction fund, (ii) in the month of April, 2026, the victim and his classmate stole some money by breaking the locker and were caught red handed and (iii) the decision was taken to expel the victim and the other students but on the request of the guardian, they were given last warning and it is also stated that the informant side is demanding Rs. 6,00,000/- from the petitioner to compromise the matter. 5. Case diary as called for is received and perused. 6. Upon perusal of the materials available in the case diary including the statements of the victim recorded by the Magistrate, there are sufficient incriminating materials against the petitioner. 7. Having regard to the serious nature of the alleged offence and also the fact that the petitioner is the Headmaster of the Madrassa where the victim was Page No.# 3/3 a student and therefore, was held a position of the trust, the prayer for bail stands rejected 8. Return the case diary. 9. The bail application is dismissed. JUDGE Comparing Assistant