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2025 DAILYLAW 12065 (GAU)

BIJU YADAV v. THE STATE OF ASSAM AND ANR.

Bail Appln./1658/2025 · 2025-06-24

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010097582025 2025:GAU-AS:8577 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1658/2025 BIJU YADAV S/O LATE MISHRI YADAV R/O VILL- KHUTIPATHAR P.O. CHAPAKHOWA, P.S. SAIKHOWAGHAT DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY TH E PP, ASSAM 2:BIJU BAHOI SON OF LATE BHUGRAM BAHOI R/O KHUTIPATHER P.S. SAIKHOWAGHAT DIST. TINSUKIA ASSAM (INFORMANT) Advocate for the Petitioner : MR. B HALDAR, LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2025 1. Heard Mr. B. Haldar, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam and Mr. S. Das, learned Amicus Curiae representing the respondent No.2. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Biju Yadav, who is facing trial in POCSO Case No.106/2024, pending in the Court of learned Special Judge (POCSO), Tinsukia has prayed for releasing him on bail. 3. The allegation brought against the present petitioner is that he had made a 14 years old girl pregnant, the girl has already delivered a child. 4. The prosecution has already examined 8(eight) numbers of witnesses out of 14(fourteen) witnesses. 5. I have considered the submissions made by learned counsel for both the sides. 6. I have gone through the scanned copy of the Trial Court record. Page No.# 3/3 7. This Court is of the opinion that at this stage allowing the bail prayer of the petitioner would amount to interference in trial of the case before the Trial Court. 8. Therefore, the bail application of the petitioner is found to be devoid of merit and stands dismissed and disposed of accordingly. JUDGE Comparing Assistant