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2025 DAILYLAW 15292 (GAU)

DHAN DAS v. THE STATE OF ASSAM AND ANR

AB/1507/2025 · 2025-09-15

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010144192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1507/2025 DHAN DAS S/O LATE HEM ALIAS KHEM DAS, RESIDENT OF VILLAGE PAHUSHOWA, PS SOOTEA, DIST BISWANATH, ASSAM, PIN- 784175 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHRI MAINA DAS W/O SHRI GURUPRASAD DAS R/O VILL- PAHUSHOWA P.S. SOOTEA DIST. BISWANATH ASSAM PIN-78417 Advocate for the Petitioner : MR. DITUL DAS, MS TINLUNG Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, Amicus Curiae,(R-2) B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 16.09.2025 Heard Mr. Ditul Das, learned counsel for the petitioner as well as Mr. B Page No.# 2/3 Sharma, learned Addl. Public Prosecutor. Also heard Mr N Mahajan, Amicus Curiae. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Dhan Das has prayed for pre-arrest bail in connection with Sootea PS Case No. 63/2025 (GR 293/2025) registered u/s 329(4)/76 of BNS, 2023 read with Section 8 of the POCSO Act. 3. The allegation against the petitioner in brief is that he entered into the house of the victim aged 15 years when she was alone and grabbed her from behind and touched the different parts of the body and tried to disrobe her but she managed to escape. It is submitted by the learned counsel that this is a false case lodged against the petitioner because of its previous dispute with the father of the victim who had taken away the fishing net and other materials required for fishing which belongs to the petitioner and sold them to some other person. It is also further submitted that the petitioner is suffering from high- blood sugar level and moreover, the offences are punishable with 3 years and 5 years imprisonment respectively. 4. Pursuant to the interim protection order passed by this Court, the petitioner had appeared before the I.O as reflected in the CD. Having regard to the aforesaid circumstances and nature of the allegations, there appears to be no such necessity of taking the petitioner into custody. 5. Accordingly, the prayer for pre-arrest bail is allowed. The order of interim pre-arrest bail dated 27.06.2025 is hereby made absolute. It is further provided that the petitioner will not try to contact the victim or influence their family members in any manner so as to dissuade them from pursuing the case against Page No.# 3/3 the petitioner. 6. This anticipatory bail stands disposed off. JUDGE Comparing Assistant