Page No.# 1/3 GAHC010110692025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1746/2025 GUNAGOBINDA DEKA S/O MAHESWAR DEKA R/O HARIBHANGA P.O HARIBHANGA P.S TIHU DIST NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:BANDANA DAS BORO W/O SUNANDA BORO R/O BORGAON BORSUPA P.S.-TIHU DIST NALBARI ASSAM PIN- 78137 Advocate for the Petitioner : MR. B B GOGOI, MS. H BEGUM,MR. K KALITA Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.06.2025 1. Heard Mr. B. B. Gogoi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State as well as Mr. N. Mahajan, learned Amicus Curiae appointed by the Court to defend the cause of the respondent No. 2. Page No.# 2/3 2. This application under Section 483 of BNSS 2023 has been filed by the petitioner, namely, Gunagobinda Deka who has been detained behind the bars since 06.03.2025 (for last 111 days) in connection with Barama P.S. Case No. 112/2024 under Section 75 of BNS read with Section 10 of the POCSO Act, 2012. 3. The gist of accusation in this case is that the mother of the victim girl on 20.11.2024 had lodged an FIR before the Officer-in-charge of Barama Police Station, inter alia, alleging that the petitioner, who is a teacher in the school where the daughter of the informant studied, used to sexually assault the victim by indecently touching her on her private parts. 4. The learned counsel for the petitioner has submitted that since the investigation has already been completed and charge-sheet has been laid, further custodial detention of the petitioner is not required. He also submits that the petitioner has been detained for long period of 111 days and he is ready to co-operate during his trial and he is also ready to abide any condition imposed on him while bail is granted to him. 5. On the hand, Mr. P. Borthakur, learned Additional Public Prosecutor for the State as well as Mr. N. Mahajan, learned Amicus Curiae have opposed the grant of bail to the petitioner on the ground that the petitioner being the teacher of victim girl has sexually assaulted her and as the trial has not even commenced there is every possibility of influencing the witnesses, if he is released on bail. They also submit that there are sufficient materials against the petitioner in the case diary. 6. I have considered the submissions made by the learned counsel for both sides and have perused the materials on record. 7. There is no doubt that there are incriminating materials against the petitioner on record and, therefore, the charge-sheet has been laid against him Page No.# 3/3 under the aforesaid provisions of law. It is also pertinent to note that since one of the offences involved in this case is under POCSO Act, 2012 and according to the scheme of the POCSO Act, the victim girl has to be examined as early as possible. However, even after 111 days of detention of the petitioner, the trial has not yet even commenced. Moreover, two other accused persons are already on bail in this case, hence, this Court is of considered opinion that if the petitioner co-operates in the trial and abide by the conditions imposed on him by this Court, his custodial detention may not be necessary for fair completion of the trial in this case. 8. In view of the above, the above named petitioner is hereby allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of the learned Special Judge, Baksa with following conditions:- (i) That the petitioner shall not 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 co-operate in the investigation; 9. Any violation of the bail condition may be good ground for cancelling of bail granted to the petitioner by this order. 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant