Page No.# 1/5 GAHC010216402024 2025:GAU-AS:291 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3150/2024 GOPINATH MURMU S/O GOBINDA MURMU, VILL- NEPALPARA, P.O.-GOSSAIGAON, P.S.- GOSSAIGAON, DIST- KOKRAJHAR, ASSAM, PIN-783360 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:LAKHAN HEMBROM S/O LATE RABIN HEMBROM VILL- NEPALPARA P.O.-GOSSAIGAON P.S.-GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN-78336 Advocate for the Petitioner : MR. S AHMED, MS N AKTAR,MS. M. KHATUN,J BORAH Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08-01-2025 Heard Mr. S. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms Barnita Choudhury, learned Amicus Curiae for the informant/respondent No.2. 2. The petitioner, namely, Gopinath Murmu, son of Gobinda Murmu, resident of Village- Nepalpara, Police Station- Gossaigaon, District- Kokrajhar has filed this application under Section 483 BNSS, 2023 seeking bail in Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 registered under Sections 448/363/376(D) IPC, read with Section 6 of the POCSO Act, 2012, in which he was arrested on 26.04.2024 and in custody since then. 3. Mr. Ahmed, learned counsel for the petitioner submitted that considering his detention in custody since 26.04.2024 and as the important prosecution witnesses have already been examined, he should be considered for bail. It is also submitted by him that he shall abide by any terms and conditions that may be imposed upon him, while considering his case for bail in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023. 4. Mr. B. Sarma, learned APP submitted that the minor victim girl in her statement under Section 164 CrPC recorded by the learned Additional Chief Judicial Magistrate, Kokrajhar on 30.12.2023 as well as in her evidence before the learned Special Judge (POCSO), Kokrajhar, she implicated the petitioner and the other accused of the case in committing forceful sexual intercourse with her on the night of 27.12.2023. As he is involved in such heinous crime, Mr. Sarma, submitted that bail prayer of the petitioner should not be considered. 5. Ms. Choudhury, learned Amicus Curiae appearing for the informant/respondent No.2 submitted that the victim girl was minor of 16 years of age on the date of the incident and the petitioner inspite of her resistance and objection forcefully committed rape on her and he being involved in such heinous crime, his bail should not be considered. Page No.# 3/5 6. It is stated that the learned Special Judge (POCSO), Kokrajhar in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 has already recorded the evidence of the victim girl, who was also cross examined by the defence and that as on 04.01.2025, evidences of five of the prosecution witnesses, out of eight prosecution witnesses have already been recorded by the learned Special Judge (POCSO), kokrajhar. 7. The petitioner is a charge-sheeted accused in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 registered under Sections 448/363/376(D) IPC, read with Section 6 of the POCSO Act, 2012, presently, pending before the Court of learned Special Judge (POCSO), Kokrajhar. 8. As per the FIR dated 29.12.2023, lodged by the informant, the allegation is that when the minor victim girl, aged about 16 years on the night of 27.12.2023 went to attend the nature’s call, the petitioner along with another forcefully took her to a nearby jungle and committed rape on her, during which she lost consciousness. As the family members did not find her in the house, they made a search and later she was found unconscious in the said nearby jungle and was brought to RNB Civil Hospital, Kokrajhar, wherein she regained her sense on 28.12.2023 in the morning. Thereafter, the FIR was lodged, which was accordingly, registered as Gossaigaon P.S. Case No. 397/2023 under Sections 448/363/376(D) IPC. 9. The petitioner surrendered before the Gossaigaon Police Station on 26.04.2024. 10. Police after completion of investigation submitted the charge-sheet in said Gossaigaon P.S. Case No. 397/2023 on 17.05.2024. 11. The learned Special Judge (POCSO), Kokrajhar on 10.07.2024 framed charge under Section 448 IPC read with Section 4 of the POCSO Act against the petitioner. The other accused being found to be juvenile in-conflict with law, at the time of the incident, he has been produced before the learned Juvenile Justice Board, Kokrajhar. 12. As per the charge-sheet of the case, there are altogether 8 prosecution witnesses, including the informant, victim, the independent witnesses pertaining to recovery of the Birth Certificate of the victim, the concerned Doctor, who conducted the medical examination of the victim and the Investigating Officer of the case. 13. From the records of the case of said Special (POCSO) Case No.132/2024 that was Page No.# 4/5 called for by order dated 21.10.2024 from the Court of learned Special Judge (POCSO), Kokrajhar, it is seen that as on 04.01.2025, five out of eight of the prosecution witnesses have already been examined, including the victim girl and the informant of the case, who were thoroughly cross examined by the defence. 14. Perused the medical report of the victim girl dated 29.12.2023 submitted by the Medical and Health Officer-I, RNB Civil Hospital, Kokrajhar. 15. Considering the same and the medical report of the victim dated 29.12.2023 and 30.12.2023 as well as the evidence of the minor victim girl dated 16.08.2024, the Court is of the view that further custodial detention of the petitioner is not warranted in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023. As such, this bail application of the petitioner is accepted. 16. Accordingly, the petitioner, namely, Gopinath Murmu, son of Gobinda Murmu be released on bail in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 on furnishing a bail bond of Rs.75,000/- with two local sureties, each of the like amount, one of which shall be a Government employee, either State or Central Government to the satisfaction of the learned Special Judge (POCSO), Kokrajhar on conditions that the said petitioner — (i) shall personally remain present before the Court of learned Special Judge (POCSO), Kokrajhar on every date of the said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 without fail; (ii) shall not leave the territorial jurisdiction of said learned Special Judge (POCSO), Kokrajhar, without obtaining prior written permission from the said authority; (iii) shall not hamper or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court; (v) shall not involve himself in any criminal activities and (vi) shall not threat the minor victim girl or anyone in her family by himself or by Page No.# 5/5 others or by anyone, acting on his behalf. 17. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Gopinath Murmu, the bail granted to him in said Special (POCSO) Case No.132/2024 arising out of Gossaigaon P.S. Case No. 397/2023 shall stand automatically vacated. 18. With the above observations and directions, this bail application accordingly stands disposed of. JUDGE Comparing Assistant