Page No.# 1/4 GAHC010111992025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1784/2025 PARITOSH GHOSH ALIAS PARITUSH GHOSH ALIAS PARITUSH GHOSE S/O LATE ANIL CH. GHOSH R/O MODARTOLI P.S. DOBOKA DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:KRISHNA DAS W/O NIRNJAN DAS R/O MODARTOLI P.S. DOBOKA DIST. HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, R ALI (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.06.2025 1. Heard Mr. I. U. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State as well as Mr. R. Ali, learned counsel for the respondent No. 2. Page No.# 2/4 2. This application under Section 483 of BNSS 2023 has been filed by the petitioner, namely, Paritosh Ghosh @ Paritush Ghosh @ Paritush Ghose who has been detained behind the bars since 14.10.2024 (for more than 8 months) in connection with Special POCSO Case No. 266/2024 arising out of Doboka P.S. Case No. 180/2024 under Section 75 of BNS read with Section 8 of POCSO Act, 2012 pending before the Court of learned Special Judge, Shankardev Nagar, Hojai. 3. The gist of accusation in this case is that the mother of the victim girl, on 14.10.2024, had lodged an FIR before the Officer-in-charge of Doboka Police Station, inter alia, alleging that, on 13.10.2024, when she came back after watching Durga Puja at Jabrakhowa, she found a large number of people have gathered in front of her house where she came to know that the petitioner had attempted to commit bad things with her daughter like touching on her private parts and kissing her. 4. On receipt of the said FIR, Doboka P.S. Case No. 180/2024 was registered. Ultimately after completion of the investigation, charge-sheet was laid against the petitioner under Section 75 of the BNS as well as Section 8 of the POCSO Act, 2012. 5. The learned counsel for the petitioner has submitted that though notice under Section 47 was served on the petitioner at the time of his arrest, however, said notice did not contain any ground of arrest of the petitioner in connection with the aforesaid case. He has further submitted that the petitioner has been detained behind the bars for last more than 8 months and in the meanwhile, the Trial Court has already examined the victim girl as well as her mother, who is the informant as prosecution witnesses, and, therefore, he submits that further custodial detention of the present petitioner is not necessary for fair completion of the investigation. Page No.# 3/4 6. On the other hand, the learned Additional Public Prosecutor has submitted that though the victim girl and mother of the victim girl (informant) have already been examined, they have implicated the petitioner in the case and there are sufficient incriminating materials against the petitioner on record. He further submits that 5(five) more witnesses are yet to be examined, hence, he opposes the grant of bail. 7. On the other hand, Mr. R. Ali, learned counsel for the respondent No. 2 has submitted that the mother the informant has no objection if the petitioner is allowed to go on bail at this stage. 8. I have considered the submissions made by the learned counsel for both the sides. 9. Since the victim girl and the mother of the victim girl, who is the informant, have already been examined by the Trial Court as prosecution witnesses and also considering the fact that the petitioner has been detained behind the bars for more than 8 months as well as the fact that the informant is not opposing the grant of bail to the petitioner, this Court is of considered opinion that further custodial detention of the petitioner may not be necessary, if he co-operates in the trial, for fair completion of the trial. 10. 10. In view of the above, the above named 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, Hojai with following conditions:- (i) That the petitioner shall co-operate in the trial of Special POCSO Case No. 266/2024, which is pending in the Court of the learned Special Judge, Shankardev Nagar, Hojai; Page No.# 4/4 (ii) That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; (iii) 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 before the Trial Court; (iv) That the petitioner shall not commit any offence while on bail; 11. This bail application is accordingly disposed of. JUDGE Comparing Assistant