Page No.# 1/3 GAHC010156962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2430/2025 AZIZUL MONDAL S/O- SURAT JAMAL MONDAL. R/O- VILL.- DEBOTTOR KHOPATI PART-II, P.S.- KAZIGAON, DIST.- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:ALTAF ALI MONDAL. S/O- LATE IBAD ALI SK. R/O- VILL.- DEBOTTOR KHOPATI PART-II P.S.- KAZIGAON DIST.- KOKRAJHAR ASSAM PIN- 783339 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, MR M RANA (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 09.09.2025 1. Heard Mr. M. A. Mondal, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State as well as Mr. M. Page No.# 2/3 Rana, learned counsel for the respondent No. 2. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Azizul Mondal, who has been detained behind the bars since 24.06.2024. 3. The learned counsel for the petitioner submits that the petitioner is facing trial before the Court of learned Special Judge, POCSO, Kokrajhar and has been detained behind the bars for last 450 days, however, none of the eleven listed prosecution witnesses have been examined in this case. He further submits that the Court of learned Special Judge, POCSO is presently lying vacant and, therefore, the trial is not progressing and he prays for allowing the petitioner to go on bail on the ground of his prolonged detention. 4. On the other hand, the learned Additional Public Prosecutor has objected to the grant of bail at this stage and has submitted that in her statement under Section 183 of BNSS, the victim girl has implicated the petitioner in the offence alleged in this case. He submits that if the petitioner is released before examination of the victim girl there is every possibility of threatening/influencing the victim girl by the petitioner. 5. I have perused the status report of Special POCSO Case No. 157/2024 submitted by the learned District and Sessions Judge, Kokrajhar in pursuant to the directions of this Court. 6. On perusal of the said report, it appears that the Court of learned Special Judge, POCSO is lying vacant since 05.04.2025 and none of the witnesses have been examined till date. Page No.# 3/3 7. Considering the fact that the petitioner has been detained behind the bars for last 450 days as well as considering the fact that the Trial Court is lying vacant since long and also considering the fact that before releasing the petitioner on bail, it would be appropriate for the Trial Court to record the testimony of the victim girl, hence, the learned District and Sessions Judge, Kokrajhar is directed to withdraw the Special POCSO Case No. 157/2024 to her Court and conduct the trial. 8. It is further directed that every endeavour shall be made to examine the victim girl as PW-1 preferably within 45 days from the date of this order and after examination of the victim girl, the petitioner shall be at liberty to move an application for bail before the Trial Court. 9. It is hereby made clear to avoid any confusion that as the Court of the learned Sessions Judge has been designated as Children Court by the Government under the commission for Protection of Child Rights Act, 2015, therefore, as per the proviso 1 to Section 28 of the POCSO Act, 2012, the said Court does have the jurisdiction to try an offence under POCSO Act, 2012. 10. This bail application is accordingly disposed of. 11. Let a copy of this order be sent to the learned District and Sessions Judge, Kokrajhar for compliance. JUDGE Comparing Assistant