Page No.# 1/4 GAHC010133912025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2010/2025 BUIPEN DEKA ALIAS BHUPENDRA DEKA S/O SRI AJAY RAM DEKA R/O KEHERUA P.S. GHOGRAPAR NALBARI, DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MASUMI DAS W/O SRI MANABENDRA DAS R/OP BAJUILI UDAYPPUR NALBARI P.S. NALBARI DIST. NALBARI ASSAM PIN-781351 Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : PP, ASSAM, MR S NAWAZ(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.07.2025 1. Heard Mr. Z. Kamar, learned senior counsel assisted by Mr. N. K. Kalita, Page No.# 2/4 learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State as well as Mr. S. Nawaz, learned counsel for the respondent No. 2. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Buipen Deka @ Bhupendra Deka, who has been detained behind the bars since 08.06.2025 in connection with Nalbari P.S. Case No. 189/2025 under Section 75(2) of BNS read with Section 10 of the POCSO Act, 2012. 3. The gist of accusation in this case is that on 07.06.2025, the mother of the victim girl had lodged an FIR before the Officer-in-charge of Nalbari Police Station, inter alia, alleging that on that day, when the daughter of the informant had gone to the rented house of her tuition teacher (petitioner) and after returning back from there, she had informed the informant that she was subjected to sexual harassment by the petitioner who touched her inappropriately on her private parts and hugged her. 4. The learned counsel for the petitioner has submitted that accusation made in the FIR does not make out the case under Section 10 of the POCSO Act, 2012. He submits that even if the allegations are believed to be true it makes out a case under Section 7 of the POCSO Act which entails comparatively lesser punishment of 3 years to 5 years under Section 9 of the said Act. He also submits that the petitioner has been detained behind the bars for last 45 days and considering the nature of accusation and the period of detention undergone by him, he may be allowed to go on bail as his further custodial interrogation may not be necessary. He also submits that the petitioner is ready to abide by any condition imposed by this Court while granting bail. 5. On the other hand, the learned Additional Public Prosecutor has produced Page No.# 3/4 the case diary of Nalbari P.S. Case No. 189/2025 and has submitted that there are sufficient materials against the petitioner in the case diary. He further submits that the victim girl in her statement recorded under Section 183 of BNSS has categorically implicated the petitioner of having inappropriately touched her and thereby committing the offence of sexual assault. He, however, submits that the investigation of this case has fairly progressed. 6. On the other hand, Mr. S. Nawaz, learned Amicus Curiae has submitted that as the petitioner was a tuition teacher of the victim girl, he was in a position of authority over the victim girl and, therefore, the sexual assault in this case becomes aggravated sexual assault under Section 9(P) of the POCSO Act, 2012 which is punishable under Section 10 of the said Act. 7. I have considered the submissions made by the learned counsel for both sides as well as perused the case diary. 8. Though, there are sufficient incriminating materials against the petitioner at this stage of the investigation under Section 10 of the POCSO Act, 2012, however, considering the fact that the main accusation against the petitioner is of inappropriately touching the victim girl and also considering the fact that the investigation has fairly progressed and the petitioner has been detained behind the bars for the last 45 days, this Court is of considered opinion that his further custodial detention may not be necessary for fair completion of the investigation of the above noted case if he co-operates with the Investigating Officer and refrain from any activity of indulging in any kind of influencing or threatening of the victim girl or any of the witnesses. 9. 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, (POCSO), Nalbari with following Page No.# 4/4 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; 10. This bail application is accordingly disposed of. 11. Send back the case diary. JUDGE Comparing Assistant