Page No.# 1/2 GAHC010082372026 2026:GAU-AS:9776 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1122/2026 SRI PREM BAHADUR CHETRY SON OF LT. HARKA BAHADUR CHETRY, RESIDENT OF NANKE BIHMARI, P.S.- BEHALI, IN THE DISTRICT OF BISWANATH, ASSAM. VERSUS STATE OF ASSAM AND ANR , REPRESENTED BY THE PUBLIC PROSECUTOR P.P., ASSAM. 2:SMT HEMA KOIRALA WIFE OF LT. CHAABILAL KOIRALA RESIDENT OF NANKE BIHMARI P.S.- BEHALI IN THE DISTRICT OF BISWANATH ASSAM (INFORMANT Advocate for the Petitioner : MR DEBA SARMAH, A R MONDAL,MR. A M AHMED,MS. S SUT Advocate for the Respondent : PP, ASSAM, MS. P DAS, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.07.2026 Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appears for the State of Assam Page No.# 2/2 and Ms. P. Das, learned Amicus Curiae for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, Prem Bahadur Chetry has prayed for releasing him on bail after he was arrested in connection with Behali Police Station Case No. 76/2025, registered under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act, 2012 in Spl (POCSO) Case No. 74/2025 pending before the Court of learned Special Judge, Biswanath. 3. The allegation against the petitioner is that he committed penetrative sexual assault by inserting his figure as well as his penis into the private part of the victim, who is aged about 7 years only. 4. The Trial of the case is proceeding and the evidence of the victim has also been recorded. The evidences of the other witnesses are also available on record. 5. Having regard to the nature of allegation as well as the materials available in the TCR and considering the gravity of the offence, prayer for bail of the petitioner is rejected at this stage. 6. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant