Page No.# 1/3 GAHC010089162025 2025:GAU-AS:8758 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1385/2025 BISWAJIT TAMULI S/O- LATE ASHIM GAURAV TAMULI R/O- PULIBOR JAIL ROAD. VILL-PULIBOR, P.S- GOLAGHAT, DIST.- GOLAGHAT, ASSAM PIN-785621 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY PP ASSAM 2:SMT KRISHNA PRIYA SENCHUWA W/O- SRI JATIN SENCHUWA R/O- BIPIN PHUKAN NAGAR P.S- GOLAGHAT DIST- GOLAGHAT ASSAM PIN-78562 Advocate for the Petitioner : MR W R MEDHI, A.V. SINGH,MR P TALUKDAR Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, (AMICUS CURIAE, R- 2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.06.2025 1. Heard Mr. W. R. Medhi, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam and Mr. F. Chakraborty, learned counsel appearing on behalf of Mr. D. K. Bhattacharyya, learned Amicus Curiae. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Biswajit Tamuli has prayed for releasing him on bail as he is facing trial in respect of Sessions Special Case No.75/2024, pending in the Court of the learned Special Judge, POCSO, Golaghat. 3. The prosecution story is that a 13 years old girl was sexually molested by the petitioner. The victim girl has supported the prosecution case against the petitioner in her statement recorded under Section 183 of the BNSS, 2023, but she refused to conduct medical examination at the time of investigation. In the Trial Court, the victim is yet to be examined. 4. Learned counsel for the petitioner has submitted that the victim has intentionally refused to come to the Court and that is why the petitioner has been in custody for the last 312 days. According to the learned counsel for the petitioner, under the given circumstances the period of detention already undergone by the petitioner deserves to be taken under the ground for releasing him on bail. 5. I have considered the submissions made by learned counsel for both the sides. Page No.# 3/3 6. Mr. Goswami, learned Additional Public Prosecutor has objected to this bail application on the ground that the victim has implicated the present petitioner in her statement under Section 183 of the BNSS, 2023. 7. This Court is of the opinion that the submissions made by the learned counsel for the petitioner has force in it. 8. Considering the period of detention already undergone by the petitioner in custody and also considering the fact that the victim is yet to be examined. 9. This Court has decided to grant the prayer of the petitioner, therefore the prayer of the petitioner is allowed. 10. Therefore, the petitioner, Biswajit Tamuli, shall be released on bail of Rs.50,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Golaghat arising out of Golaghat P. S. Case No.165/2025, in connection with Sessions Special Case No.75/2024. 11. The petitioner shall appear before the Trial Court on each and every date of hearing without any fail, if he fails to do so without showing satisfactory reason, the Trial Court shall have the liberty to procure his attendance by due process of law. 12. The petitioner shall not try to threat the victim and other witnesses. 13. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant