Bail Appln./134/2026 of ISLAM UDDIN AND 2 ORS. Vs THE STATE OF ASSAM AND ANR on 22 June 2026

ORDER

23.06.2026

Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State respondents and Ms. T. Parasar, learned Amicus Curiae for the informant/respondent no.2 . Invoking 483 BNSS, the three accused petitioners herein, who were arrested on 18.05.2025 in connection with Ratabari P.S. Case No.141 of 2025 are seeking regular bail. The said case was registered on the basis of an FIR dated 18.08.2025 lodged by the father of the prosecutrix with the allegation that his daughter is aged 14 years 10 months and is deaf and dumb. That, on 16.08.2025 she was going along with his younger son, who is also deficient in hearing to the house of their uncle and when they reached in front of Aryabhatta School, Anipur, the accused persons coming there by an auto-rickshaw of accused no.1 pushed out his son from the auto-rickshaw; forcefully put his daughter in their auto-rickshaw; took her to a deserted place and committed gang rape on her and thereafter, left her on a road near his house in an unconscious state. It is further alleged that his son informed him about the incident and after searching, he found his daughter lying unconscious on the road near his house. The accused/petitioners were arrested during the investigation. The investigation resulted in a charge-sheet and subsequently, registration of Special Sessions POCSO Case No.71 of 2025, which is at the stage of trial before the learned Additional Sessions Judge FTC Sribhumi. The scanned TCR is available. The learned trial Court has also submitted a systematic list of dates and status report of the case and going by the same, it is revealed that on 27.11.2025, charges were framed against the accused persons under provisions of BNS as well as Section 6/12 of the POCSO Act. However, it is clear from the subsequent dates that prosecution evidence has not yet started, though case was fixed for the same on some dates. Mr. Ahmed, learned counsel submits that the petitioner denied allegations and has also drawn my attention to the medical report and submits that the said medical report negates the Commission of any sexual assault and it is also bereft of the finding of any brushes or injuries upon the victim. The learned counsel submits that the petitioners are seeking bail, on the ground of length of detention as well as the findings of the medical report. On the other hand, the learned Addl. P.P. Mr. Borthakur, opposes the bail and submits that the allegations are very serious and the prosecutrix is yet to be examined. Ms. T. Parasar, learned Amicus Curiae for the informant/respondent no.2 also opposes the bail and draws attention to the part of the medical report in which, it is stated that the victim gave a history of washing cloths and bathing after the incident and further submits that the medical examination was done, two days after the incident. The learned Amicus Curiae also pointed out that the victim apart from being subjected to alleged gang rape, is also a differently able person. I have perused the relevant materials and considered the submissions. The statement of the alleged victim girl was recorded during investigation before learned JMFC. Her statement lends support to the allegations in the FIR and she has stated about the incident on similar lines. I have perused the statement of the auto-rickshaw driver/co- accused and the statements of the other witnesses also. Undoubtedly, the nature of the allegations are serious, being of gang rape upon a challenged girl, who could not hear and speak. Despite some delay, the prosecution evidence has not started. Therefore, at this stage, it would not be prudent to grant bail to the accused and accordingly, the bail petition stands rejected. However, the learned trial Court is requested to expedite the trial, especially the examination of the prosecutrix, her brother and other crucial witnesses. The bail petition stands dismissed and disposed of.

JUDGE Comparing Assistant