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2025 DAILYLAW 10688 (GAU)

NAYAN DAS v. THE STATE OF ASSAM

Bail Appln./1121/2025 · 2025-06-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010077572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1121/2025 NAYAN DAS S/O- LATE JAYDEV DAS, R/O- KALAMATI PATHAR ( ANTAIBARI ROUMARI), P.S- SALBARI, DIST- BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMT PHULE BASUMATARY W/O- RABIN BASUMATARY R/O- VILLAGE ANTHAIBARI KALAMATI PATHAR P.S SALBARI BAKSA ASSA Advocate for the Petitioner : MR. J HATIMURIA, MR. N M DAS,MR. M KALITA Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.06.2025 Heard Mr. M. Kalita, learned counsel for the petitioner and Mr. K. K. Porasor, learned Additional Public Prosecutor, Assam and Mr. Surajit Das, learned Amicus Curiae, representing the respondent no. 2. This is an application filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Sri Nayan Das, in respect of Special POCSO Case No. 108/2024 pending in the court of the learned Special Judge (POCSO), Baksa, Mushalpur arising out of Salbari P.S. Case No. 39/2024 for grant of bail. I have gone through the evidence of the victim girl. The learned Additional Public Prosecutor has objected to this bail application. The petitioner has already spent 287 days in judicial custody. Since the victim girl has already been examined, keeping the present petitioner in custody will not serve any purpose. Therefore, the bail application is allowed. Accordingly, the petitioner, Sri Nayan Das, is allowed to go on bail, who is in custody in connection with Special POCSO Case No. 108/2024 pending in the court of the learned Special Judge (POCSO), Baksa, Mushalpur arising out of Salbari P.S. Case No. 39/2024, by executing a bond of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Baksa, Mushalpur. The bail application is disposed of. JUDGE Comparing Assistant