Page No.# 1/4 GAHC010213092024 2025:GAU-AS:295 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3188/2024 BIPLAB MANDAL AND ANR S/O GOSHAI MANDAL, R/O VILL- NEWLARBHITHA, P.S.-SARTHEBARI, DIST-BARPETA, ASSAM 2: BHUMIDHAR SARKAR S/O KHUSHIMOHAN SARKAR R/O VILL- NEWLARBHITHA P.S.-SARTHEBARI DIST-BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMT. KAMINI SARKAR W/O ARJUN SARKAR R/O VILL- ERARTARI P.O.-ERABAMUNDI P.S.-SARTHEBARI DIST- BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. S A AHMED, A. KHANAM,C S KAMTHONG,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE, R-2,MS. A KAUSHAR (R-2),MR S ISLAM (R-2) Page No.# 2/4 Linked Case : Crl.Pet./1267/2023 BIPLAB MANDAL AND ANR S/O GOSHAI MANDAL R/O VILL- NEWLARBHITHA P.S. SARTHEBARI DIST. BARPETA ASSAM 2: BHUMIDHAR SARKAR S/O KHUSHIMOHAN SARKAR R/O VILL- NEWLARBHITHA P.S. SARTHEBARI DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:KAMINI SARKAR W/O ARJUN SARKAR R/O VILL- ERARTARI P.O. SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN-781307 ------------ Advocate for : MR. S ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 08/01/2025 Heard Mr. S A Ahmed, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Mr. S Islam, learned counsel for the informant/respondent No. 2. Page No.# 3/4 2. The matter was listed yesterday, i.e., 07.01.2025 and the learned counsel for the petitioners took time, which was allowed, but on perusal of the records, relevant facts came to the notice of the Court. As such, there was a direction to list this matter today, i.e., 08.01.2025 at the top of the list. 3. Petitioners, namely, (1) Biplab Mandal, son of Goshal Mandal and (2) Bhumidhar Sarkar, son of Khushimohan Sarkar, were arrested on 27.04.2023 in connection with Sarthebari P.S. Case No. 80/2023 under Section 376(DA) IPC read with Section 6 of the POCSO Act and the matter is presently pending before the Court of learned Special Judge (POCSO), Barpeta in Special POCSO Case No. 129/2023. 4. By this application under Section 483 BNSS, 2023 filed on 01.10.2024, the petitioners, (1) Biplab Mandal and (2) Bhumidhar Sarkar, are seeking bail in said Special POCSO Case No. 129/2023 arising out of Sarthebari P.S. Case No. 80/2023 on the ground that they have been languishing in the jail since 27.04.2023. 5. Earlier by order dated 21.10.2024, the Court called for the records of Special POCSO Case No. 129/2023 along with the records of Sarthebari P.S. Case No. 80/2023 from the Court of learned Special Judge (POCSO), Barpeta. 6. On perusal of the records of the case, it is seen that the petitioners preferred Crl. Pet. No. 1267/2023, as the learned Special Judge (POCSO), Barpeta by an order dated 18.11.2023 rejected the petition filed by the petitioners under Section 311 Cr.P.C.. Later, on 20.03.2024, a Co-ordinate Bench of this Court in said Crl. Pet. No. 1267/2023 preferred by the petitioners have stayed the further proceeding of said Special POCSO Case No. 129/2023 pending in the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Barpeta. 7. The petitioners in this bail application filed on 01.10.2024 did not state that they preferred Crl. Pet. No. 1267/2023 in which the Court on 20.03.2024 passed an interim order staying the further proceeding of said Special POCSO Case No. 129/2023 pending in the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge, Barpeta, thereby the trial of the said proceeding has been stayed rather they stated that they are in custody from the date of their arrest on 27.04.2023 and since then they are languishing in jail. 8. For such suppression of facts, both the petitioners are directed to deposit exemplary cost of Rs.10,000/- each, with the District Legal Services Authority, Barpeta on or before 24.01.2025, obtaining necessary acknowledgement from the Secretary, District Legal Services Authority, Barpeta in Page No.# 4/4 that regard. 9. As the petitioners have suppressed the fact of filing of said Crl. Pet. No. 1267/2023, when there is an interim order staying the further proceeding of Special POCSO Case No. 129/2023, this bail application stands dismissed. 10. From the records of said Crl. Pet. No. 1267/2023, it is seen that by order dated 20.03.2024, the Court directed to list the said matter after 4 (four) weeks. 11. On verification, it is found that the said Crl. Pet. No. 1267/2023 has not been listed after 4 (four) weeks since 20.03.2024 till date. 12. The Registrar (Judicial) shall verify and shall submit a detail report in that regard before the appropriate Court. JUDGE Comparing Assistant