Page No.# 1/5 GAHC010135342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2027/2025 SADHAN BARUAH ALIAS BHAITI S/O SRI JUGEN BARUAH R/O VILL- KUNDARBARI GIOMT ROAD, P.S. TEZPUR, IN THE DISTRICT OF SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:CHAYANIKA BORUAH W/O GHANA KANTA BORUAH R/O VILL- KUNDARBARI NEAR L.P. SCHOOL P.S. TEZPUR DIST. SONITPUR ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.07.2025 1. Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State as well as Mr. D. Gogoi, 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, 1. Sadhan Baruah @ Bhaiti, who has been detained behind the bars since 09.11.2024 (for last 258 days) in connection with Special(POCSO) Case No. 163/2024 under Sections 74/75(2) of BNS, 2023, R/W Section 6 of POCSO Act, 2012, pending in the Court of learned Special Judge, POCSO, Sonitpur (arising out of Tezpur P.S Case No.658/2024). 3. The gist of the accusation in this case is that on 09.11.2024, the mother of the victim girl had lodged an FIR that on that day at about 11 am, the petitioner has committed sexual assault on the minor daughter of the informant by touching her private parts. 4. The learned counsel for the petitioner has submitted that though charges u/s 74/75(2) of BNS, 2023 R/W Section 6 of POCSO Act, 2012 have been framed in this case, however, the said offences are not compatible to each other in as much as the Section 6 deals with aggravated penetrative sexual assault whereas, the provisions of the BNS under which charges are framed deals with outraging the Page No.# 3/5 modesty of woman and sexual harassment. 5. He further submits that the victim girl and the informant have already been examined in this case as prosecution witnesses and in her testimony, the victim girl has stated that the petitioner had touched her private parts which would amount to an offence u/s 10 of the POCSO Act and not u/s 6. 6. He further submits that the petitioner has been languishing behind the bars for 258 days and considering the period of detention, he may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioner on the ground that there are sufficient incriminating materials in the testimony of prosecution witnesses who have already been examined in this case. He further submits that only 4 out of 7 prosecution witnesses have been examined and the period of detention undergone by the petitioner may not be considered as long enough to grant bail on that count. 8. On the other, the learned Amicus Curiae, Mr. D. Gogoi has submitted that since the victim girl and her mother, who is the informant in this case have already been examined, he leaves it on the Court as to whether bail may granted or not. 9. I have considered the submissions made by the learned counsel for both sides and have gone through the records of Special(POCSO) Case No. 163/2024. 10. Without making any observation on the merit of the case, Page No.# 4/5 this Court is of the view that since the victim girl and the informant have already been examined and the petitioner has been detained behind the bars for last 258 days, further custodial detention of the petitioner may not be necessary for fair completion of the trial. 11. In view of above discussions, the above named petitioner is allowed to go bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the Court of the learned Special Judge, POCSO, Sonitpur with following conditions: (i) That the petitioner shall co-operate in the trial of Special(POCSO) Case No. 163/2024, which is pending in the Court of the learned Special Judge, POCSO, Sonitpur (arising out of Tezpur PS Case No.658/2024). (ii) 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; (iii) That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; Page No.# 5/5 (iv) That the petitioner shall not commit any offence while on bail. 12. Accordingly, this bail application is disposed of. JUDGE Comparing Assistant