Page No.# 1/3 GAHC010075132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1189/2025 RAJEN DAS S/O MANORANJAN DAS, R/O VILL- NIZ JAYNAGAR, P.O. AND P.S.- SILCHAR (SADAR), CACHAR, ASSAM, PIN-788025 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SINDHU NAMASUDRA W/O LATE HIMANGSHU NAMASUDRA R/O VILL- DAYABASHNA P.O. AND P.S.- SRIBHUMI (KARIMGANJ) DIST- SRIBHUMI PIN-78871 Advocate for the Petitioner : MS. R S SADIAL, MS S Z HAYAT,MR. M R SODIAL Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.05.2025 1. Heard learned counsel, Ms S.Z. Hayat for the petitioner – Rajen Das, who has filed this application under Section 483 of the BNSS, 2023 for prayer of bail as the petitioner is behind bars since 15.01.2024 in connection with Page No.# 2/3 Special Sessions (POCSO)/86/2024 pending before the learned Court of Addl. District and Sessions Judge, FTC, Sribhumi (Karimganj) arising out of Sribhumi (Karimganj) P.S. Case No. 680/2024 registered under Section 64 BNS R/w Section 6 of the POCSO Act (Ref:Kaliganj WP/PP GDE No. 237 dated 15.12.2024). 2. The allegation against the petitioner is that the petitioner and the co- accused have committed sexual assault on the minor victim “x”. 3. Heard Ms. M.K. Brown, learned counsel for the respondent no. 2, who has raised serious objection stating that the petitioner is 34 years old whereas the victim is only 14 years old. It is submitted that the petitioner is not entitled to bail as the trial may be adversely affected if the petitioner is enlarged on bail. 4. Heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner and this is the reason why charge-sheet has been laid against the petitioner. Trial is yet to commence. It is submitted that indeed trial may be adversely affected if the petitioner is enlarged on bail. 5. I have considered the submissions that the petitioner is willing to cooperate with the trial and to abide by any stringent bail conditions if, imposed upon him. 6. Considering all aspects, the petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount subject to the satisfaction of the learned trial court under the conditions that; (i) the petitioner shall refrain from such activities with which he is alleged; (ii) the petitioner shall not go anywhere near the vicinity Page No.# 3/3 of the victim, till completion of trial, (iii) the petitioner shall not exercise threats to the witnesses, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 8. Send back the Case Diary. JUDGE Comparing Assistant