Page No.# 1/3 GAHC010070262025 2025:GAU-AS:6833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1028/2025 GABINDA NATH @ GUBINDA NATH S/O MANIK CH NATH, R/O- THANA SARUA, P.O.- SAPMARI, P.S.- MIKIRBHETA, DIST.- MORIGAON, ASSAM, PIN-782104 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMTI ANU DEVI W/O- DIGANTA BRATA NATH R/O-THANA SARUA P.O- SAPMARI P.S-MIKIRBHETA DIST-MORIGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. B K GOGOI, MS. S NAZNEEN,MR. B BISHAYA Advocate for the Respondent : PP, ASSAM, MR. P SAIKIA (AS LEGAL-AID-COUNSEL FOR R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-05-2025 Heard learned counsel Mr. B.K. Gogoi for the petitioner Sri Gabinda Nath Page No.# 2/3 @ Gubinda Nath, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 22.02.2025 in connection POCSO Case No. 49/2025 under Sections 376(3)(2) of Indian Penal Code, 1860 read with Section 6 of Protection of Children from Sexual Offences Act, 2012 pending before the Special Judge, POCSO, Morigaon arising out of Mikirbheta Police Station Case No. 26/2025. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam and Mr. P. Saikia, learned Legal Aid Counsel for the respondent No. 2. 3. The allegation against the petitioner is that he has committed sexual assault on the minor victim. 4. Both the learned counsel for the respondents have raised serious objection stating that the petitioner is booked under a heinous offence and if he is enlarged on bail, the victim as well as the witnesses, may feel threatened by the petitioner. 5. Learned counsel for the petitioner has submitted that the statement of the victim has already been recorded and a copy of the statement of the victim is submitted which will form a part of the record. 6. Considering the submission that the petitioner is willing to cooperate with the trial and to abide by any stringent bail conditions if imposed upon, it appears that bail may be granted to the petitioner. 7. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction Page No.# 3/3 of the learned Trial Court under the conditions that :- (i) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of investigation, (ii) the petitioner shall not go near the vicinity of the victim and shall not exercise threats to the victim and, (iii) the petitioner shall refrain from such activities with which he is alleged. 8. On breach of any of the bail conditions, the learned Trial Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant