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2025 DAILYLAW 12758 (GAU)

PRADUMNYA BORA ALIAS PADUM BORAH ALIAS LADU v. THE STATE OF ASSAM AND ORS

AB/1133/2025 · 2025-06-25

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010106862025 2025:GAU-AS:8686 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1133/2025 PRADUMNYA BORA ALIAS PADUM BORAH ALIAS LADU S/O LT ADNAN BORA R/O VILL PARALIGURI PO KAMRUP PS KAMRUP DIST NAGAON, ASSAM 782426 VERSUS THE STATE OF ASSAM AND ORS REP BY PP ASSAM 2:KAMLA RANI BISWAS W/O BIKASH BISWAS VILL NO 1 PUTHIMARI PS KOCHUA DIST NAGAON ASSA Advocate for the Petitioner : MR. N ANAND, MR. H K SUT,MS.D SAIKIA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 26.06.2025 Heard Mr. N. Anand, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor appearing for the State respondent No.1 and Mr. S. Nawaz, learned counsel appearing for the respondent No.2. Page No.# 2/3 This is an application filed under Section 482 BNSS, praying for pre- arrest bail by the petitioner, namely, Pradumnya Bora, in connection with Kachua PS Case No. 32/2025 registered under Section 108 of the BNS, 2023, read with Section 10 of the POCSO Act, 2012. The brief facts of the case is that one 15 years old girl had committed suicide by hanging after that her parents came to know that on 13.03.2025, the present petitioner being her teacher had touched her private parts for that matter she had slapped the present petitioner after that the girl was removed from the class. Later on she informed her lover, Moni Biswas about the said fact. I have considered the submission made by the learned counsel for the petitioner. It appears that the FIR is the result of whatever the parents of the girl had heard from Moni Biswas. Accordingly, this Court is of the opinion that under the given circumstances, the petitioner does not deserve to be retained in custody. Considering the facts as well as the materials available thereon, this Court finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, he may be granted the privilege of pre- arrest bail. Accordingly, it is provided that in the event of arrest, the petitioner shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with a suitable surety of like amount, to the satisfaction of the arresting authority. With condition that the petitioner shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation. Page No.# 3/3 The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant