Page No.# 1/4 GAHC010231392024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3411/2024 MD ISTAK ALI @ KACHU S/O MD. BISHMILLAH SHEIKH, R/O MORAN GAON, P.S.-BEHALI, DIST- BISWANATH, ASSAM, PIN CODE-784176 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI ANJANA BISWAS W/O SRI PRADIP BISWAS R/O KETELA 7 NO. LINE P.S.-BEHALI P.O.-BISWANATH CHARIALI DIST- BISWANATH (ASSAM) PIN-78417 Advocate for the Petitioner : MR. N ISLAM, Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 Page No.# 2/4 1. Heard Mr. T. N. Srinivasan, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public prosecutor for the State, as well as Dr. P. Agarwal, the learned Amicus Curiae appearing for the victim girl. 2. This application under Section 483 of BNSS, 2023, has been filed by the petitioner namely, Md. Istak Ali @ Kachu who has been detained behind the bars since 12.07.2024 in connection with Special POCSO Case No.55/2024 corresponding to Behali P.S Case No.58/2024 pending before the Court of Learned Special Judge Biswanath. 3.The gist of accusation in this case is that an FIR was lodged on 12.12.2024 by the mother of the victim girl that her minor daughter was subjected to forceful sexual intercourse by the petitioner as result of which her minor daughter became pregnant. On receipt of the said FIR Behali P.S Case No. 58/2024 was registered and investigation was initiated and on completion of the investigation charge-sheet was laid against the present petitioner under Section 376(2)(i) of Indian Penal Code, read with section 6 of POCSO Act, 2012. 4. It is submitted by the learned counsel for the petitioner that since the date of his arrest the petitioner has been detained behind the bars and is facing his trial by remaining in judicial custody. He submits that in the meanwhile the trial has progress and the victim girl as well as informant have already been examined. 5. The learned counsel for the petitioner has submitted that there are total 13 nos. of listed prosecution witnesses in the charge-sheet and only 4 has been examined till date and therefore the trial is unlikely to culminate soon. 6. He submits that the petitioner is ready to co-operate with the trial and therefore he may be allowed to go on bail. Page No.# 3/4 7. The learned counsel for the petitioner submits that though there are some points on merits of the case like no paternity test of the child born to the victim girl has been done and some other points is in his favour, however he is pressing for bail at this stage merely on the ground of long incarceration and on the ground that the victim and informant have already been examined. 8.On the other hand, learned Additional Public Prosecutor Mr. K. K. Das as well as Learned Amicus Curiae representing the victim girl Dr. P. Agarwal have vehemently opposed the grant of bail to the present petitioner on the ground that there are incriminating materials against the petitioner on record. 9. The learned counsel for the respondents has also submitted that though the victim has already been examined, however as she is the sister-in-law of the present petitioner, release of the petitioner at this stage of trial would make the victim vulnerable. 10.The learned Additional Public Prosecutor as well as Amicus Curiae have also submitted that till date only 4 witnesses have been examined and there are other witnesses who are not yet examined and there is possibility that if the petitioner is released the witnesses may be influenced. 11. I have considered the submission made by the learned counsel for both the sides. It appears from record that the petitioner has been detained behind the bars for near about 7 months i.e since 15.07.2024 and the victim girl has already been examined. 12. It also appears that there are 9 more prosecution witnesses who are yet to be examined and it would certainly take time. 13. This court is of the considered opinion that if certain conditions are imposed on the petitioner and if the petitioner co-operates in the trial then his Page No.# 4/4 custodial detention may not be necessary for fair completion of the trial. 14. In view of the above, the petitioner namely Md. Istak Ali @ Kachu is hereby allowed to go on bail of Rs.30,000/-(Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Special Judge POCSO, Biswanath, with the following conditions that :- I. the petitioner shall not directly or indirectly make inducement threat or promise to the remaining listed witnesses in the charge-sheet who are yet to be examined so as to dissuade them from deposing against him before Trial Court. II. the petitioner shall not contact the victim girl in any manner during the pendency of the trial. III. the petitioner shall co-operate in the trial. 15.With above observations this bail application is hereby disposed of. JUDGE Comparing Assistant