Page No.# 1/3 GAHC010083782025 2025:GAU-AS:7263 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1231/2025 SRI ABHIJIT MALI S/O - LATE SANTOSH MALI R/O- SOUTH LUMDING, HATIBHANGA COLONY, P.O.AND P.S. - LUMDING, DISTRICT - HOJAI (ASSAM), PIN - 782447 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI SUDARSHAN SHILL S/O - NITAI CHANDRA SHILL R/O - LANKA COLLEGE ROAD WARD NO. 7 P.O. AND P.S. - LANKA DISTRICT - HOJAI (ASSAM) PIN - 78244 Advocate for the Petitioner : MR. D P BORAH, MS. S BORO,MR B PAUL Advocate for the Respondent : PP, ASSAM, MR. N ISLAM (FOR VICTIM) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025 Heard Mr. D.P. Borah, learned counsel for the accused. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam as well as Page No.# 2/3 Mr. N. Islam, learned counsel appearing for the informant. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S), 2023, whereby the petitioner, who is facing trial in Special POCSO Case No. 03(H)/2025 has prayed for releasing him on bail. 3. On 24.01.2024, a fourteen year old girl went to attend her classes in her school, but she did not return home. Subsequently, one unknown person informed the father of the girl that the girl was with him, subsequently, the girl was recovered by Police. 4. She has stated before the Magistrate that she was in love with the present petitioner. Moreover, she had passed some examinations which made her eligible for admission in an Educational Institution at Delhi. Therefore, she went with the present petitioner. She spent two months at Delhi while attending the said institute and after that she went to Banglore where she stayed with the petitioner for seven months. On 05.11.2024, police brought the girl and the petitioner to Assam. 5. She has stated that her father was angry with her and therefore, he assaulted her. Her father took her to a Kabiraj and the said Kabiraj had sexually molested her. 6. Mr. B. Sharma, learned Additional Public Prosecutor as well as Mr. N. Islam appearing for the informant have objected to this bail application. 7. I have considered the submissions made by learned counsels of both sides. 8. Considering the statement of the girl,5 this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 9. His bail application is allowed. 10. It is hereby directed that the petitioner Abhijit Mali, who is facing trial in connection with Special POCSO Case No. 03(H)/2025 pending in the Court of Page No.# 3/3 the learned Additional Sessions Judge, Hojai shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Hojai. 11. The petitioner Abhijit Mali is directed to attend the trial on each and every date of hearing. If he fails to do that without showing any reasonable ground the trial Court shall have the liberty to procure his attendance. 12. With the aforesaid directions, this bail application is disposed of. JUDGE Comparing Assistant