Page No.# 1/3 GAHC010069712025 2025:GAU-AS:3991 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1031/2025 PRIYANSU KAILTA S/O-DIMBESWAR KALITA R/OSANKARPUR,P.O. SANKARPUR, P.S.KAKI, DIST. HOJAI, ASSAM PIN-782446. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JUNTI RAJKHUWA D/O BABALI RAJKHUWA R/OMUDONI P.S.KAKI DIST. HOJAI ASSA Advocate for the Petitioner : MR. J AHMED, R BEGUM,H G DAISY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 03-04-2025 Page No.# 2/3 Heard Mr. J. Ahmed, the learned counsel for the petitioner and also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 12.01.2025 in connection with Kaki P.S. Case No. 04/2025 u/s 61(2)/64 of BNS, R/W Section 4 of POCSO Act R/W Section 67(A) IT Act. 3. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that the present petitioner is behind the bar since last 81 days and he is not involved in the alleged offence and no case under POCSO is attracted against him. As per allegation, the accused no. 1 had a sexual intercourse with the victim in his house and that apart there is no other allegation against the present petitioner. Further he submitted that the accused/petitioner is pursuing Degree course and his TDC 2nd Year Sessional Examination has already commenced and want to appear in the examination if his bail prayer is considered. However, he is ready and willing to co-operate with the Investigating Office in further investigation of the case, if he is granted the privilege of bail. 4. Mr. Das, the learned Additional Public Prosecutor submitted in this regard that the case is also registered u/s 61 sub-section 2 of the BNS Act and the second petitioner is also involved with the conspiracy as read from the FIR. Accordingly he raised objection to grant bail at this stage. 5. Hearing the submissions made by learned counsel for both sides, without going into the detail of the merit of case and also considering the length of detention i.e. 81 days already undergone by the accused/petitioner, I find that Page No.# 3/3 the Investigating Officer has got sufficient time to interrogate the present accused-petitioner in custody and considering the fact that the petitioner is appearing TDC Second Semester Sessional Examination, hence I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Hojai. The accused/petitioner, namely Priyansu Kalita, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, POCSO, Hojai without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant