Page No.# 1/4 GAHC010236312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3511/2024 DEBA BHUMIJ S/O BIJOY BHUMIJ R/O RAJOI NO. 5 LINE, P.O. RAJOI TINI ALI DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BISHNU MAHALI S/O SAITYAN MAHILI R/O RAJOI GHUGURAMUKH GAON P.O. RAJOI TINI ALI DIST. JORHAT ASSAM PIN-78510 Advocate for the Petitioner : MR. K GOGOI, MS. P BORAH Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 07-01-2025 Page No.# 2/4 07.01.2025 Heard Ms. P. Borah, the learned counsel for the petitioner and also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1 and Mr. D. Gogoi, the learned Amicus Curiae representing the respondent no. 2. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 15.02.2024 in connection with Special (POCSO) Case No. 25/2024 pending before the learned Special Judge, Jorhat, Assam, arising out of Teok Police Station Case No. 10/2024 registered under Section 420/376(C) of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. 3. Heard the submissions made by learned counsel for both sides. Also scanned copy of the Case Diary is received and perused the same. 4. It is submitted by Ms. Borah that the accused/petitioner got arrested in February, 2024 and since then he is in jail for last 328 days, who is a student of Degree first year. Further it is submitted that till date the three PWs were examined including the informant and the victim of this case and thus hampering and tampering the evidence of the vital witness also does not arise. Ms. Borah further submitted that from the evidence also it reveals that there was a love affair between the victim and the present petitioner and the case was filed only when the accused refused to marry the victim. Considering the future prospect of the present petitioner he may be released on bail. However, he will regularly appear before the learned Trial Court below as and when the date is fixed. Page No.# 3/4 5. Mr. Gogoi, the learned Amicus Curiae submitted in this regard that without going into the merit of the case it is seen that the three PWs are already being examined including PW-1 and Pw-3 who are the victim and the informant and considering these aspects, the petition may be considered with strict conditions. 6. Ms. N. Das also submitted in this regard that considering the fact that the evidence of the vital witnesses have already recorded by the learned Special Judge and other circumstances of the case, the prayer may be considered with strict conditions. 7. Hearing the submissions made by learned counsel for both sides and considering the length of detention undergone by the accused/petitioner and also considering the fact the evidence of the vital witnesses are already been received i.e. the victim and the informant and the mother of the victim, I find that further custodial detention may not be required as there is no probability of hampering or tampering the evidence of PWs, especially the vital witnesses. 8. Accordingly, considering the length of detention, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Jorhat. The accused/petitioner, namely Deba Bhumij, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 him from disclosing such facts to the Court or to any police officer; and Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Jorhat without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant