Page No.# 1/4 GAHC010157762025 2025:GAU-AS:13729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2320/2025 RAMELESWAR BORO S/O- BALESWAR BORO. R/O- VILL.- BHOLAJHAR KHALA PHALA BATABARI, NIDHUWA, P.O.- BHOLE BATABARI, P.S.- GORESWAR, DIST- TAMULPUR, ASSAM. PIN- 781364. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:BHABANI BORO W/O- SRI RANJAN BORO. R/O- VILL.- PUB KACHUKATA P.S.- TAMULPUR DIST.- TAMULPUR (BTC) ASSAM PIN- 781367 Advocate for the Petitioner : MR. A PAUL, Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE R2 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 14.10.2025 1. Heard Mr. A. Paul, learned counsel for the petitioner and Mr. Sarfraz Nawaz, learned Amicus Curiae for the respondent no.2/informant. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, 1. Rameleswar Boro, who is stated to be in detention since 17.01.2025 and has prayed for bail in connection with Special POCSO Case No. 45/2025, registered under Sections 139/70(2) of the BNS, R/W Section 6 of the POCSO Act, pending in the Court of Special Judge POCSO, Baksa, Mushalpur. 3. The case arose out of an FIR in which the FIR named persons along with unknown persons are alleged to have committed sexual assault upon the victim girl. The present petitioner is not named in the FIR. 4. The scanned TCR has been received. 5. The statement of the prosecutrix has been recorded under Section 183 BNSS and in her statement also, she has not mentioned about the present accused, though she has stated about other persons. 6. It appears that during the investigation, no any TIP was done. It is also clear from the materials that charge-sheet was submitted on Page No.# 3/4 31.03.2025 and in this regard, it is submitted that charges have not yet been framed. 7. Perused the relevant portions of the additional affidavit filed by the petitioner’s side. 8. Considering the above aspects of the matter and keeping in mind the fact that though the accused has been charge-sheeted, neither the FIR nor the statement of the girl implicates him by name and charges have not yet been framed in the case - perhaps the accused can be granted bail at this stage as he is in detention since 17.01.2025. 9. In such view of the matter, the above-named accused petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned Court with following conditions: (i) That he shall be available for trial, if one commences ; (ii) That he shall not in any manner intimidate, influence, threaten or harass the informant, victim or their family, or any witnesses; (iii) That he shall not hamper or tamper with evidence. 10. In case of violation of any of the bail conditions, the prosecution or the informant’s side shall have at liberty to move an appropriate application for cancellation of the bail. 11. A copy of this bail order shall be furnished to the concerned Page No.# 4/4 police station to ensure that the bail conditions imposed on the accused are brought to the notice of the victim’s family, in the interest of their welfare. 12. With the above observations, this bail petition stands allowed and stands disposed of on the aforesaid terms. JUDGE Comparing Assistant