Page No.# 1/5 GAHC010077942025 2025:GAU-AS:6074 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1196/2025 RAJA DAS S/O SRI RANJIT DAS, R/O HOUSE NO. 16, LALGANESH, ODALBAKRA, BISHNU RABHA PATH, P.S. DISPUR, GUWAHATI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MRS ANGITA DAS W/O LATE JITU DAS R/O ASSAM POLICE HOUSING COMPLEX ZONE 2 ASSAM TYPE QUARTER VII- A P.S. PALTANBAZAR GUWAHATI-0 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K AZAD,MR. N G KUNDU,MR. N HAQUE Advocate for the Respondent : PP, ASSAM, MR. S. K. CHAKMA (R-2),MR I CHAKMA (R-2),MS N DEKA (R-2),MS. D GHOSH (R-2) Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 15/05/2025 Heard Mr. P K Roychoudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Ms. N Deka, learned counsel for the respondent No. 2/informant. 2. The petitioner, namely, Sri Raja Das, son of Sri Ranjit Das, resident of House No. 16, Lalganesh, Odalbakra, Bishnu Rabha Path, P.S. Dispur, District-Kamrup (Metro), has filed this application under Section 483 of BNSS, 2023, on 08.04.2025, praying for his bail in Sessions Special Case No. 308/2024 arising out of All Women Police Station Case No. 55/2024 corresponding to G.R. No. 6618/2024 registered under Sections 10 of POCSO Act with added Section 354 IPC, wherein he was arrested on 08.11.2024 and is in custody since then and charge under Section 354 IPC read with Section 10 of the POCSO Act has already been framed against him on 09.01.2025. 3. It is seen that evidences of 2 prosecution witnesses including the minor victim girl and the informant, mother of the victim girl have already been recorded, who were thoroughly cross-examined by the defence. 4. The petitioner submitted that he being the dance teacher, there was no malafide intention on his part and further, notice issued to him under Section 47 of the BNSS, 2023 does not comply with the provisions as been held by the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 and (ii) Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) SCC OnLine SC 269. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam objecting the bail of the petitioner submitted that the grounds of arrest specified in the notice under Section 47 of BNSS, 2023 issued upon the petitioner by the authorities of All Women Police Station on 08.11.2024 while arresting the petitioner are sufficient for the understanding of the petitioner and are the reasons of his arrest in the said All Women P.S. Case No. 55/2024. 6. Ms. Deka, learned counsel for the respondent No. 2/informant submitted that the minor victim girl in her statement before the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati recorded on 11.11.2024 as well as in her evidence before the learned Special Judge Page No.# 3/5 (POCSO), Kamrup (Metro), Guwahati implicated the petitioner pertaining to the sexual assault on her by him. 7. Ms. Deka, learned counsel for the respondent No. 2/informant also pointed out that the other students of the petitioner’s dance institute in their statements under Section 183 BNSS also implicated the petitioner about his sexual assault on them compelling them to leave the said dance institute. 8. It is submitted by Ms. Deka, learned counsel for the respondent No. 2/informant that if at this stage, the petitioner is released on bail, there is all possibility that the other witnesses will be impressed by him and the trial of the case will be vitiated. 9. Perused the records of Sessions Special Case No. 308/2024 that was called for by order dated 21.04.2025 along with the records of All Women P.S. Case No. 55/2024. 10. It is seen that the grounds of arrest of the petitioner specified in the notice issued to him under Section 47 of BNSS on 08.11.2024 while arresting him in said All Women P.S. Case No. 55/2024 are same as found in the first accused forwarding dated 09.11.2024 before the Court of learned Special Judge (POCSO), Kamrup (Metro), Guwahati. 11. Considering the decision of the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha (Supra) and (ii) Vihaan Kumar (Supra), the reasons and/or grounds specified in the notice under Section 47 of BNSS, 2023, while arresting the petitioner on 08.11.2024 cannot be considered to be in conformity with the provisions of the Section 47 BNSS and as been held by the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha (Supra) and (ii) Vihaan Kumar (Supra) and thereby violated the provisions of Article 22 of the Constitution of India. 12. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said Sessions Special Case No. 308/2024 arising out of All Women P.S. Case No. 55/2024. 13. Accordingly, the petitioner, namely, Sri Raja Das, son of Sri Ranjit Das, be released on bail in said Sessions Special Case No. 308/2024 arising out of All Women Police Station Case No. 55/2024 corresponding to G.R. No. 6618/2024 registered under Sections 10 of POCSO Act with added Section 354 IPC, on furnishing a bail bond of Rs.1,50,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, permanently serving in the State of Assam, to the satisfaction of the learned Special Page No.# 4/5 Judge (POCSO), Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority, till disposal of said Sessions Special Case No. 308/2024; (ii) shall regularly attend the Trial before the learned Special Judge (POCSO), Kamrup (Metro), Guwahati in said Sessions Special Case No. 308/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court; (v) shall not harm/threat the minor victim girl, her parents or anyone of her family members by him or by anyone acting on his behalf, in any manner; (vi) shall never come to the vicinity of the minor victim girl or the informant and other witnesses of the victim, who have already implicated the petitioner in their statements before the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati under Section 183 BNSS as well as before the learned Special Judge (POCSO), Kamrup (M), Guwahati in said Sessions Special Case No. 308/2024; (vii) shall not indulge himself in any criminal activities in future; 14. Violation of any of the aforesaid conditions by the petitioner, Sri Raja Das, the bail granted to him in the aforesaid Sessions Special Case No. 308/2024 arising out of All Women P.S. Case No. 55/2024 shall stand automatically vacated. 15. It is also made clear that the learned Special Judge (POCSO), Kamrup (Metro), Guwahati shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said Sessions Special Case No. 308/2024 arising out of All Women P.S. Case No. 55/2024 to procure his attendance during the trial. 16. It is observed that this order relates to bail of the accused petitioner, namely, Sri Raja Page No.# 5/5 Das, in said Sessions Special Case No. 308/2024 arising out of All Women P.S. Case No. 55/2024 and not on merits of the case. 17. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 18. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant