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2025 DAILYLAW 11807 (GAU)

SRI ANGSUMAN DEKA v. THE STATE OF ASSAM AND ANR

Bail Appln./1430/2025 · 2025-05-18

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010093442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1430/2025 SRI ANGSUMAN DEKA S/O- SRI SIDDHARTHA DEKA, R/O- VIVEKANANDA PATH, HOUSE NO.-14, BIRUBARI UDAYPUR, P.S.- PALTANBAZAR, DISTRICT- KAMRUP METRO, ASSAM. PIN-781016 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI PRANAB BAISHYA HOUSE NO.-7 BIRUBARI KATHMILL P.S. -PALTANBAZAR GUWAHATI. DISTRICT- KAMRUP METRO ASSAM PIN-78101 Advocate for the Petitioner : MR H BARUAH, MR P P PHUKAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.05.2025 1. Heard learned counsel Mr. H. Baruah for the petitioner Angsuman Deka. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 23.10.2024 in connection with Paltanbazar Police Station Case No. 370/2024 under Section 87 of the BNS read with Section 6 of the POCSO Act. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. It is submitted on behalf of the petitioner that the petitioner is only 18 years old. The victim had a love relationship with the petitioner and after she eloped with the petitioner, a false case of sexual assault has been brought up against the petitioner. This Court had earlier granted him bail but thereafter Section 6 of the POCSO Act was added and the petitioner was not enlarged on bail. 5. Annexure-L is the deposition of the victim which clearly reveals that sexual assault was not committed by the petitioner, who is only 18 years old. 6. I have considered the submissions at the Bar with circumspection. 7. I have considered the age of the petitioner and the statements of the witnesses. 8. It appears that trial may not be adversely affected if the petitioner is enlarged on bail. 9. In view of my foregoing discussions, it appears that bail may be granted to Page No.# 3/3 the petitioner. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Trial Court, under the conditions that: (i) The petitioner shall co-operate with the remaining part of investigation, (ii) The petitioner shall not exercise threats to the witnesses, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 10. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 11. In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant