Regular bail application under Section 483 BNSS by an accused in a case alleging forcible abduction and rape of a Class-VII student by three persons. Considering custody beyond 220 days and the victim's deposition, against incriminating materials, medical reports and witnesses yet to be examined, the Court declined bail.
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GAHC010093502026
2026:GAU-AS:9564
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1259/2026
SUGRIM MAHATO S/O LATE RAM CHANDRA MAHATO R/O VILL- PAKHORIJAN P.O. BORDUBI,P.S. BORDUBI, DIST. TINSUKIA , ASSAM, PIN-786125
VERSUS
THE STATE OF ASSAM AND ANR BEING REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT.OF ASSAM
2:RAMNARAYAN RAM ( THE INFORMANT OF BORDUBI P.S. CASE NO. 40/2025) S/O LATE BUDHAN RAM R/O 6 NO. GATE TINSUKIA SEWPUR SABJIBARI TINSUKIA P.O. P.S. AND DIST. TINSUKIA ASSAM PIN-786125 MOBILE NO. 690090383
Advocate for the Petitioner : MR. A R SHOME, R DEB,MR A J GHOSH
Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 14.07.2026
Heard Mr. A. R. Shome, learned counsel appearing for the accused-applicant. Also heard Mr. B. Sharma, learned Addl. P.P., representing the State respondent.
2. Though Ms. Priti Das, who has been appointed as the Amicus Curiae for the respondent no. 2, she remains absent today when the matter was taken up.
3. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused-applicant in connection with Bordubi P.S. Case No. 40/2025, registered under Sections 70(2)/127(2) of the BNS, 2023.
4. The gist of the case is that on 04.11.2025, one Shri Ramnarayan Ram, lodged an FIR before the Officer In-charge, Bordubi Police Station, inter alia, alleging that his daughter Smti XX is a student of Class-VII at Bapuji M.E. Hindi School, located near Bahadur Gate Chariali; that since 03.11.2025, after leaving for school, she has been missing; that after his search, at around 5.16 PM, one e-rickshaw driver, Shri Bishnu Tanti informed that the minor daughter of the informant was seen at Chariali TE Road, near her school; that immediately the informant along with other came to the above mentioned location and they found the informant’s daughter in an injured condition wearing torn clothes; that on enquiry, she revealed that after her school was over, she visited Mohkhuli hospital near her school for check up regarding her cough and fever and while returning from Mohkhuli hospital, a group of three persons forcibly gagged her by putting a cloth in her mouth and dragged her into the nearby garden and committed illicit acts with her.
5. On receipt of the FIR, the police registered the Bordubi P.S. Case No. 40/2025, under the aforementioned sections.
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6. The accused-applicant was arrested on 13.11.2025 and since then he is behind the bars. The police submitted charge-sheet on 31.12.2025 and the matter is pending before the Trial Court at this stage.
7. The learned counsel appearing for the accused-applicant submits that the accused-applicant is behind the bars for more than 220 days and the victim girl has already deposed before the Trial Court. Therefore, further custodial detention of the accused-applicant may not be required in the instant case.
8. Mr. B. Sarma, the learned Addl. P.P., on the other hand, opposes the prayer of bail by submitting that there are several incriminating materials against the accused-applicant and the victim girl had been forcibly taken to a nearby bush by the accused-applicant along with others and committed rape on her. He submits that medical reports also support the case of the prosecution. He further submits that there are several vital witnesses, who are yet to be examined in the instant case.
9. TCR in the instant case has been received and the same is perused.
10. After hearing the submissions made by the learned counsel appearing for the respective parties and taking into account the materials available in the TCR, this Court is not inclined to grant bail to the accused-applicant at this stage.
11. Accordingly, the instant bail applicant is rejected.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-applicant, in custody for over 220 days with the victim already deposed before the Trial Court, should be granted bail in the gang rape case despite incriminating materials and wit
3 provisions across 2 enactments
Sugrim Mahato
The State of Assam
Ramnarayan Ram
Anjan Moni Kalita
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
