Page No.# 1/3 GAHC010119242026 2026:GAU-AS:9981 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1561/2026 SAN MOHAMMAD ALI ALIAS MOHAMMAD ALI ALIAS PINKU S/O RIYAJ ALI R/O VILL- 1 NO. BATIYAMARI P.O. KUMARIKATA P.S.- TAMULPUR DIST. TAMULPUR, ASSAM CONTACT NO.- 9957000519 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:NUR ISLAM ALI S/O. KHASNUR ALI R/O VILL- 1 NO. BATIYAMARICO P.O.- KUMARIKATA P.S.- TAMULPUR DIST. TAMULPUR ASSAM PIN-781360 CONTACT NO. 600150975 Advocate for the Petitioner : MR H C DAS, MR A ALAM,MR. A A MONDAL,MR. A K GOSWAMI Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R2 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 21-07-20 26 Heard Mr. H. C. Das, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms. M. K. Brown, learned Amicus Curiae for the Page No.# 2/3 informant/respondent No.2. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, San Mohammad Ali @ Mohammad Ali @ Pinku, who was arrested on 29.12.2024 in connection with Special (POCSO) Case No. 21/2025 arising out of Tamulpur P.S. Case No. 332/2024 under Section 65 of the BNS, read with Section 4 of the POCSO Act. 3. Scanned copy of the TCR has been received and perused the same. 4. The allegation in the present case is that the accused petitioner forcefully took away the 8 years old daughter of the informant from her house to the nearby river bank on a false pretext of eating coconut and thereafter, he undressed the victim and committed rape upon her by inserting his penis in her vagina. 5. Learned counsel for the petitioner submits that the trial of the case has already progressed and 6(six) numbers of witnesses have already been examined including the victim and the informant and therefore, there is no necessity of keeping the petitioner in custody for the reminder of the trial, as there arises no question of influencing or intimidating the witnesses. 6. It is also submitted with reference to the evidence on record that the version of PW-5 contradicts the versions of PW-1 and 2, i.e., the informant and the victim. 7. Per contra, learned Addl. PP and the learned Amicus Curiae representing the respondent No. 2, submitted that the petitioner has been squarely implicated by the victim, whose evidence could not be shaken in cross- examination and secondly, the medical report which indicates abrasion in the private part of the victim also corroborates the evidence of the victim girl. Page No.# 3/3 8. Having regard to the heinous nature of the allegation concerning the alleged rape of a 9 (nine) year old girl as well as the incriminating materials in the TCR, the prayer for bail stands rejected at this stage. 9. With the above observations, this bail application accordingly stands dismissed and disposed of. JUDGE Comparing Assistant