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2025 DAILYLAW 11272 (GAU)

RAJU DAS v. THE STATE OF ASSAM AND ANR.

Bail Appln./1307/2025 · 2025-06-08

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010086392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1307/2025 RAJU DAS S/O LATE RAMPAL DAS R/O VILL- DHARAMTUL P.O.DHARAMTUL, P.S. JAGIROAD, PIN- 782412 DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:PRANAB DEKA S/O LATE SISHURAM DEKA R/O VILL-SINDHISAR JAGIROAD DIST.MORIGAON ASSAM PIN- 78241 Advocate for the Petitioner : MR. N C DAS, MS. J BAISHYA,MS. M DEVI Advocate for the Respondent : PP, ASSAM, MR. M DAS,DR. P AGARWAL, AMICUS CURIAE (R- 2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.06.2025 Heard the learned Senior Counsel Mr. N C Das assisted by Mr. K Das appearing for the Page No.# 2/2 petitioner. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. M Das, the learned counsel appearing for the respondent No.2. 2. This application has been filed under Section 483 of the BNSS, 2023, whereby the petitioner Raju Das, who is facing trial before the court of the learned Special Judge (POCSO), Morigaon in respect of POCSO Case No. 17/2025 has prayed for releasing him on bail. 3. Mr. Parasar has objected to the prayer for bail. 4. I have gone through the scanned copy of the Trial Court records. 5. All the non-official witnesses including the victim have already been examined. Now, the only witnesses remain to be examined are the official witnesses. 6. Without expressing any opinion about the evidence of the prosecution witnesses, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 7. Accordingly, the bail application of the petitioner is allowed. 8. It is hereby directed that the petitioner, Raju Das, who is facing trial before the court of the learned Special Judge (POCSO), Morigaon in respect of POCSO Case No. 17/2025, shall be released on bail of ₹ 30,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Morigaon. 9. The petitioner shall regularly appear before the Trial Court on each and every date of hearing in connection with the aforementioned case. If the petitioner fails to appear before the Trial Court on each and every date of hearing, the Trial Court shall be at liberty to procure the attendance of the petitioner. With the aforesaid direction, this bail application stands disposed of. JUDGE Comparing Assistant