Page No.# 1/4 GAHC010231442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3363/2024 PAULUS TIRKI S/O LATE NIKLAS TIRKI, R/O VILLAGE GUBORISHALI, P.S. NORTH LAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ANIMA PARJA W/O LATE PUNIRAM PARJA R/O VILLAGE NO 2 RANGAJAN PS. NORTH LAKHIMPUR DISTRICT LAKHIMPUR ASSA Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 Heard Mr. B. Chowdhury, the learned counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor appearing Page No.# 2/4 for the State of Assam as well as Mr. A. Phukan, learned Amicus Curiae for the respondent no. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Paulus Tirki, who has been detained behind the bars since 11.04.2024 in connection with Special (POCSO) Case No. 61/2024 pending before the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in connection with North Lakhimpur PS Case No. 90/2024 under Section 376 of IPC read with Section 4 of POCSO Act. The gist of accusation in this case is that on 10.04.2024, the mother of the victim girl had lodged an FIR before the Officer-In-Charge of Lakhimpur Police Station, inter-alia, alleging that the daughter of the informant who was minor at the time of incident was raped by the petitioner on three separate occasions. On received of the said FIR, North Lakhimpur PS Case No. 90/2024 was registered and investigation was initiated. Ultimately, on completion of the investigation a charge-sheet was framed under Section 376 of the IPC r/w Section 4 of the POCSO Act. The learned counsel appearing for the petitioner has submitted that the petitioner has been languishing behind the bars for the last almost 1 year. However, the trial has not yet been completed. He also submits that the custodial detention of the petitioner may not be necessary as the victim girl as well as the informant who have already been examined by the prosecution side. He further submits that as the petitioner is detained, he is unable to properly defend his case. The learned counsel also submits that the petitioner is also ready to cooperate with the trial. On the other hand, Mr. R. R. Kaushik, the learned Additional Public Prosecutor as well as Mr. A. Phukan, learned Amicus have opposed the grant of Page No.# 3/4 bail on the ground that the victim girl is minor and if the petitioner is released from bars, he may be threatened the victim girl. It is also submitted that the victim has also deposed before the Court that at the time of committing the offence the petitioner also threatened to kill her if she disclosed the offence. I have considered the submissions of learned counsel for both the sides and perused the case diary. In the instant case, the victim girl and the informant have already been examined and the petitioner has been languishing behind the bars for the last almost 1 year and he is a person of about 60 years of age. This Court after considering the circumstances discussed above and in the considered opinion that in the event if appropriate conditions are imposed on the petitioner while granting him bail the apprehension of the prosecution side that the victim may be threatened can be addressed by the Court. However, considering the prolonged detention behind the bars this Court is of the opinion that his further custodial detention may not be necessary if the petitioner cooperate with the trial. Considering the submissions made by the learned counsel for both the sides and also considering the period of detention already undergone by the petitioner, the above-named petitioner is hereby allowed to go on bail of Rs. 50,000/-(Rupees Fifty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur with following conditions:- (I) the petitioner shall have to report to the Officer-in-Charge of Lakhimpur Police Station one in every month during the remaining period of the pendency of the trial; (ii) the petitioner shall not directly or indirectly make any Page No.# 4/4 inducement, threat or promise to the victim girl or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court; and (iii) the petitioner shall cooperate with the trial. With the above observations, this bail application is hereby disposed of. Return the case diary. JUDGE Comparing Assistant