Gauhati High Court
Bail Appln./1960/2026 of SRI KARNA BHUMIJ Vs THE STATE OF ASSAM AND ANR on 24 August 2026
GAHC010145842026 2026:GAU-AS:11462 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1960/2026 SRI KARNA BHUMIJ S/O-LATE RATIYA BHUMIJ, VILLAGE - NO.2 KUWADONGA, P.S.- NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, PINCODE-787031. VERSUS THE
GAHC010145842026
2026:GAU-AS:11462
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1960/2026
SRI KARNA BHUMIJ
S/O-LATE RATIYA BHUMIJ, VILLAGE - NO.2 KUWADONGA, P.S.- NORTH
LAKHIMPUR, DISTRICT- LAKHIMPUR, PINCODE-787031.
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:SRI JITEN PANDHOWA
C/O-LT. SAHARCHAI PANDHOWA
PRESENT RESIDENCE- VILLAGE- NO.2 KUWADONGO
NORTH LAKHIMPUR
ASSAM
P.S.- NORTH LAKHIMPUR
DISTRICT- LAKHIMPUR
PINCODE-78703
Advocate for the Petitioner : MS P DAS, LEGAL AID COUNSEL
Advocate for the Respondent : PP, ASSAM, MR B M DEKA, Amicus Curiae, R2
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
25.08.2026 Heard Ms. P. Das, learned Legal Aid counsel appearing for the petitioner as well as Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam and Mr.
B. M. Deka, learned Amicus Curiae appearing for respondent No.2
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused- petitioner, namely, Karna Bhumij praying for grant of bail in connection with North Lakhimpur PS Case No.88/2024 which after completion of investigation resulted in charge-sheet and registration of Spl Case No. 68/2024 under Sections 4 of POCSO Act.
3. Learned legal Aid counsel points out that petitioner has been in under detention for more than 2 years since his arrest on 10.04.2024 and that in the meantime, the trial has also progressed, including the examination of the victim. The learned counsel has also taken the Court through the medical report which indicated absence of spermatozoa stated therein.
4. The scanned TCR is available and I have perused the relevant portion.
5. Learned Additional Public Prosecutor submits and contends that out of 15 witnesses, 10 witnesses have already been examined and there are significant implications against the petitioner, including from the testimony of the Prosecutrix. It is submitted that the petitioner is also family member of the victim and that in view of all the matter, bail may not be considered.
6. Learned Amicus Curiae supporting the contentions of the Prosecution submits that the allegations are quite serious.
7. I have given my consideration in the matter. The length of detention is undoubtedly on the higher side. I have perused the depositions of some of the witnesses available in the scanned record including the victim. Only 5 witnesses remained to be examined. The victim is stated to be aged only 12 years.
8. Considering the various aspects of the matter, I am of the considered view that perhaps it would be prudent not to grant bail at this advanced stage of the trial.
9. In such view of the matter, the bail petition stands rejected and disposed of.
10. Anything stated here is only for the purpose of bail adjudication and should not be taken as expressing any opinion on the merits of the case undergoing trial.
11. The Court also records its appreciation for the efforts put in by the learned Legal Aid Counsel and the learned Amicus Curiae.
JUDGE Comparing Assistant