Page No.# 1/4 GAHC010191602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2769/2025 PRATAP SARKAR S/OMUNINDRA SARKAR VILL- GOBARDHAN (GUWAHATI) P.S. CHANDRAPUR DIST. KAMRUP, ASSAM, PIN-781150 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:SRI DHANESWARI RAJBHAR W/O SRI BHARAT RAJBHAR VILL- NIJARI GAON P.S.KALIABAR DIST. NAGAON ASSA Advocate for the Petitioner : MR T THAKURIA, Advocate for the Respondent : PP, ASSAM, MR. T K BHUYAN (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.09.2025 1. Heard Mr. T. Thakuria, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State Page No.# 2/4 respondent as well as Mr. T. K. Bhuyan, the learned counsel for the respondent No.2. 2. This is an application under Section 483 of BNSS, 2023 by the petitioner, namely, Pratap Sarkar, who has been detained behind the bars since 08.08.2025 in connection with Special (POCSO) Case No 87/2024 registered under Section 17(b) of NDPS Act, 1985, pending in the Court of the learned Additional Sessions Judge cum Special Judge (POCSO), Nagaon. 3. The learned counsel for the petitioner has submitted that on the basis of an FIR lodged on 20.07.2023 by the mother of the victim girl, the Kaliabar P. S. Case No. 65/2023 was registered under Section 354(A)/354(c)/366/376(2) (N)/385 read with Section 367 of the POCSO Act, 2012. 4. The learned counsel for the petitioner has submitted that after completion of the investigation, charge-sheet was laid under the aforementioned provisions of law. 5. The learned counsel for the petitioner has submitted that the petitioner was not aware of the date fixed in the Trial Court as the summons were not received by him but by his relatives. 6. He also submits that the petitioner has been arrested on the strength of the non-bailable warrant of arrest issued by the Trial Court. 7. He also submits that in the mean while victim girl has been married to the petitioner and they have a child of 7 months old and the said wedlock. 8. He further submits that the petitioner is ready to face the trial and shall cooperate in the trial. 9. On the other hand, the learned Additional Public Prosecutor clearly submits that the certificate regarding the age of the victim girl seized from the school shows that her age was 18 years 3 months on the date of the lodging of Page No.# 3/4 the FIR. 10. Mr. T. K. Bhuyan, the learned counsel for the respondent No.2 submits that the victim has been married to the petitioner and has a seven month old child after their wedlock and the victim does not have any objection regarding grant of bail to the petitioner. 11. Considering the submissions made by the learned counsel for the parties, this Court is of the view that if the petitioner co-operates in the trial, his custodial detention may not be necessary for fair completion of the trial of the Special (POCSO) Case No 87/2024. 12. Accordingly, the petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Additional Sessions Judge cum Special Judge (POCSO), Nagaon with the following conditions: i. That the petitioner shall cooperate in the trial of Special (POCSO) Case No 87/2024, which is pending in the Court of learned Additional Sessions Judge cum Special Judge (POCSO), Nagaon; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. 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 before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address Page No.# 4/4 and contact details during such leave before the Trial Court; and v. That the petitioner shall not commit any offence while on bail. 13. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant