Page No.# 1/4 GAHC010099862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1531/2025 KON HIRA @ KON DAS SON OF LATE KULA DAS, R/O- AHATGURI, P.O.- AHATGURI, P.S.- MORIGAON, DIST.- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI MAINU SARMA W/O- BANAMALI SHARMA R/O- AHATGURI P.O.- AHATGURI P.S.- MORIGAON DIST.- MORIGAON ASSA Advocate for the Petitioner : MR. P J SAIKIA, B SHARMA Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.07.2025 1. Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Mr. Page No.# 2/4 B. Sharma, learned Additional Public Prosecutor as well Mr. S. Das, learned Amicus Curiae, appearing for the respondent No. 2. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner namely Kon Hira @ Kon Das, who has been detained behind the bars since 18.02.2025 (for last 156 days) in connection with POCSO, Case No. 52/2025, corresponding to Morigaon P.S. Case No. 54/2025 U/S 126(2)/75(2) BNS r/w Section 8/10 of POCSO Act,2012. 3. The gist of accusation in this case is that the mother of the victim girl had lodged an FIR on 17.02.2025 before the Officer-in-Charge of Morigaon Police Station, inter-alia, alleging that on 12.02.2025, the petitioner had subjected the minor daughter of informant to sexual assault. 4. The learned counsel for the petitioner has submitted that he has been wrongly implicated in this case. He further submits that in this case there have been delay in lodging of the FIR. He also submits that, in fact, on the date of the alleged offence, the victim girl suddenly ran in front of the bi- cycle on which the petitioner was riding and he was about to fall and thereafter the petitioner out of anger had slapped the victim girl. 5. He further submits that, in this case the victim girl as well as the informant have already been examined. Moreover, two more independent prosecution witnesses have also been examined. He also submits that unless the petitioner is released on bail, he may not be in a position to properly defend his case. He also submits that the petitioner is ready to cooperate with the trial. Hence, he prays for allowing the petitioner to go on bail. 6. On the other hand, the learned Additional Public Prosecutor, had Page No.# 3/4 vehemently opposed the grant of bail to the petitioner on the ground that the victim in this case is a 12 years of minor girl and she was subjected to sexual assault. He further submits that all the two main witnesses whose testimonies are there on record have implicated the petitioner. There is every possibility of the case resulting in conviction and therefore, at this stage, the petitioner may not be allowed to go on bail. 7. Mr. S. Das, learned Amicus Curiae, has submitted that the victim girl in her testimony has deposed against the present petitioner corroborating the allegations which were made in the FIR against him. He further submits that two more independent witnesses are there and, therefore, at this stage bail may not be granted to the petitioner. 8. I have considered the submissions made by the learned counsel for both the sides and have gone through the scanned copy of the records of POCSO Case No. 52/2025. Though the deposition of two witnesses are there on the record, however, the learned counsel for the petitioner has submitted that two more witnesses namely, Smti. Sandana Sharma and Guna Das have also been examined. He deposed that the trial witness in this case is the victim girl herself, who has already been examined and there is no possibility of influencing her, as her testimony has already been recorded in this case. 9. The petitioner has been languishing behind the bars for last 156 days and considering the fact that, the prime witness/ victim girl has also been examined as well as, considering the period of detention undergone by the petitioner, this Court is of the considered opinion that if the petitioner cooperates in trial and refrains from attempting to influence any of the remaining witnesses, his custodial detention may not be necessary for fair Page No.# 4/4 completion of the trial of POCSO Case No. 52/2025 pending before the Court of the learned Special Judge (POCSO), Morigaon. 10. In view of the aforesaid discussion, the above main petitioner is allowed to go on bail of Rs: 30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Special Judge (POCSO), Morigaon, with following conditions: (i) That the petitioner shall not be directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall cooperate in the trial; 11. This bail application is accordingly, disposed of. JUDGE Comparing Assistant