Page No.# 1/3 GAHC010092162026 2026:GAU-AS:9298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1254/2026 SUJIT KUMAR PANDIT S/O LT. BADAL CH. PANDIT R/O VILL. SHASTRINAGAR, WARD NO. 22 P.O. HAIBARGAON, P.S. SADAR DIST. NAGAON, ASSAM PIN-782002 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:NANDITA SARKAR (INFORMANT) W/O SANJIB DAS R/O SADAGARPATTY HAIBARGAON P.O. NAGAON P.S. SADAR DIST. NAGAON ASSAM PIN-782002 PH-840289428 Advocate for the Petitioner : DARAK ULLAH, DEBAKSHI BORA,MR. UDDYAN BHATTACHARYYA,SABRISH AHMED,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.06.2026 Heard Mr. Darak Ullah, learned counsel for the petitioner. Also heard Mr. P. Lakher, learned Additional P.P. for the State and Ms. M.K. Brown, learned Amicus Page No.# 2/3 Curiae for the respondent No. 2. This is an application under Section 483 of BNSS, 2023 in connection with Special POCSO Case No. 236(N)/2025, under Section 10 of POCSO Act, read with Section 74 of BNS in connection with Nagaon P.S. Case No. 554/2025 pending in the Court of Additional District & Sessions Judge No. 1, praying bail for the accused who was taken into custody on 17.07.2025. The brief facts of the case is that, the petitioner is the headmaster of a school where the victim aged about 11 years is a student and the petitioner during the time of Holi festival took the victim to some secluded place and touched her chest and genitals and kissed her at several points in her face. He also took her to the school’s classroom and bathroom several times and touched her chest and genitals. The learned counsel for the petitioner submits that considering the fact that the trial has progressed and the victim, informant and other witnesses have already been examined, further detention of the petitioner is not warranted. Furthermore, the petitioner is suffering from serious ailments and medical documents in this regard have been annexed. The learned Additional P.P. submits that, although, the victim and the informant have been examined, one vital witness is yet to be examined who Page No.# 3/3 may be influenced by the accused if released on bail. The learned counsel for the petitioner also submits that after examination of the aforesaid witnesses on several dates, no prosecution witnesses have turned up which is delaying the trial. Charges have been framed under Section 8 of the POCSO Act. But having perused the evidence of the victim, it appears that a more stringent charge under Section 4/6 of the POCSO Act may be attracted. However, this Court refrains from commenting further on the evidence recorded by the learned Trial Court since the trial is in progress. Suffice to say that, having regard to the same and considering the position of trust that the petitioner had enjoyed as the headmaster of the school where the child was the student, the prayer for bail stands rejected at this stage. The petition is dismissed accordingly. JUDGE Comparing Assistant