Page No.# 1/4 GAHC010197642025 2025:GAU-AS:13841 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2898/2025 KANGKAN DAS ALIAS KANKAN DAS AND ANR S/O ACHYUT DAS RESIDENT OF VILL- SATDOLA, P.O. HAJO, P.S. HAJO DIST. KAMRUP, ASSAM, PIN-781102. 2: ACHYUT DAS S/O LATE KARUNA DAS RESIDENT OF VILL- SATDOLA P.O. HAJO P.S. HAJO DIST. KAMRUP ASSAM PIN-781102 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. 2:SMTI NIHASHREE BEZBARUAH D/O SUKUMAR BEZBARUAH VILLAGE - ABHAYPUR P.S-HAJO DIST. - KAMRUP ASSAM For the Petitioners : Mr. S. Nazneen, Advocate. Page No.# 2/4 For the Respondents : Mr. B. Sarma, Additional. PP, Assam. Mr. D. Ghosh for Resp. 2. Date of hearing : 26.09.2025. Date of order : 16.10.2025. -BEFORE- HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER (CAV) Heard Mr. S. Nazneen, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State and Mr. D. Ghosh, learned counsel appearing for the informant/respondent No. 2. 2. This is an application praying for bail for the petitioners namely, i)Kangkan Das @ Kankan Das ii) Achyut Das in connection with Hajo PS Case No.293/2025 under Sections 366(A)/344/376(2) (n)/313/315/506/294/109/34 IPC read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 3. The allegation against the petitioner No. 1 is that he kidnapped the victim, who was a minor at that time and kept her in his house for nearly 3 years and during this period, indulged in forceful intercourse with her, resulting in her pregnancy and subsequent causing of miscarriage by forceful administration of medicines by the accused. The allegation against the co-accused, who is the Page No.# 3/4 father of the petitioner No. 1 is that he also participated in the forceful sexual intercourse with the victim during her stay at their house. 4. Learned counsel for the petitioners submits that it is a false allegation lodged by the victim, who had herself eloped with the petitioner No.1 and she remained silent for almost 2 years and 7 months before lodging the FIR. 5. On the other hand, learned counsel appearing for the respondent No. 2 submitted that the victim was a minor at that time when she was taken away by the accused/petitioner No. 1 and she was heavily exploited during her stay at the residence of the accused persons, as she was kept confined there and the promise of marriage was also made, which however did not materialize and the victim was not in a position to approach the police at that time. The petitioners also instituted a false case through the mother of the petitioner No.1, accusing the victim of taking away cash and valuable gold ornaments from their house in order to escape their liability. 6. On perusal of the Case Diary, there appears to be incriminating material of a grave nature against the accused persons and moreover, it has been stated that the accused persons attempted the murder of a relative of the victim, namely, Tarani Das, by use of sharp weapons, badly injuring the said Tarani Das and in this regard, another case being Hajo PS Case No. 296/2025 under Page No.# 4/4 Sections 109/118(2)/238/304(2)/61(2)of BNSS has been registered. 7. It is the contention of the prosecution that if the accused persons are released on bail at this stage, they will certainly try to cause harm to the victim or intimidate her as well as the other witnesses. 8. Having regard to the seriousness of the allegations as well as the material available on record, the prayer for bail stands rejected at this stage. 9. Send back the Case Diary. JUDGE Comparing Assistant