Page No.# 1/4 GAHC010238982024 2025:GAU-AS:197 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2986/2024 SAIBAL DAS S/O ARABINDA DAS, RESIDENT OF METUAKUCHI, BHAKTAKUR PO AND PS AND DIST BARPETA, ASSAM 781301 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SURYA SOREN FATHER OF THE DECEASED S/O LATE KAHA SOREN RESIDENT OF MOUZABARI PO MOUZABARI PS SIDIL DIST CHIRANG ASSAM 78337 Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, Amicus Curiae (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 07.01.2025 Heard Mr. A M Bora, learned Senior Counsel assisted by Mr. N K Kalita, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. Also heard Ms. B Choudhury, learned Amicus Curiae for the informant/respondent No. 2. 2. Apprehending his arrest, the petitioner, namely, Sri Saibal Das, son of Sri Arabinda Das, resident of Metuakuchi, Bhaktarkur, Police Station-Barpeta, District-Barpeta has filed this application under Section 482 BNSS, 2023, seeking his pre-arrest bail in Barpeta Police Station Case No. 404/2024 registered under Sections 69/107 BNS, 2023 read with Section 6 of the POCSO Act, 2012. 3. A girl aged about 16 years, who was residing with the family of the petitioner and was looking after his 2 years old girl child, was found hanging from the ventilation iron grill attached above the wall in her room on 20.10.2024. 4. The Police in Barpeta Police Station was informed about the same and accordingly, Barpeta P.S. U.D. Case No. 48/2024 was registered. Said Barpeta P.S. U.D. Case No. 48/2024 was later registered as Barpeta Police Station Case No. 404/2024 under Sections 69/107 BNS, 2023 read with Section 6 of the POCSO Act, 2012 as during post mortem examination of the victim girl, she was found to be aged about 16 years old and was also found to be in the early stage of her pregnancy. 5. During investigation of said Barpeta P.S. Case No. 404/2024, police apprehended one Biswajit Karmakar, with whom the minor victim girl had intimate relationship and also apprehended one Sunil Das, who used to work in the sweet factory of the father of the petitioner. 6. It is seen that the parents of the deceased subsequently lodged another FIR on 25.10.2024, which was registered as Barpeta Police Station Case No. 409/2024 under Sections 61(2)(a)/103(1)/3(5) BNS, 2023 for the same incident, alleging the involvement of the petitioner and his wife for the death of their daughter, i.e., the victim girl involved in Page No.# 3/4 the case. 7. Thereafter, the petitioner was arrested on 26.10.2024 in said Barpeta P.S. Case No. 409/2024 and a coordinate Bench of this Court, by order dated 04.11.2024 passed in Bail Application No. 3353/2024 granted bail to the petitioner. 8. Apprehending his arrest, the petitioner, namely, Sri Saibal Das, son of Sri Arabinda Das, has now filed this application for his pre-arrest bail in said Barpeta P.S. Case No. 404/2024. 9. Perused the case diary placed before the Court today by Mr. M P Goswami, learned Additional Public Prosecutor, Assam. Also perused the post mortem report of the deceased and the statement of the witnesses acquainted with the facts of the case so far recorded by the concerned Investigating Officer of said Barpeta P.S. Case No. 404/2024. 10. It is also seen that with the approval of the Court, police have already collected blood samples of the two persons allegedly involved in the case who were acquaintance with the deceased and their blood samples have been forwarded for necessary FSL report of DNA test, as the deceased was found to be in her early stage of pregnancy, as noted above. 11. From the perusal of the case diary, it is seen that so far, the investigation report of the concerned Investigating Officer of said Barpeta P.S. Case No. 404/2024, it does not reflect any such incriminating materials, requiring custodial detention of the petitioner in said Barpeta P.S. Case No. 404/2024. 12. Considering the above, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Barpeta P.S. Case No. 404/2024. Therefore, this pre-arrest bail application of the petitioner in said Barpeta P.S. Case No. 404/2024 is accepted. 13. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Sri Saibal Das, son of Sri Arabinda Das, in said Barpeta P.S. Case No. 404/2024, he shall be released on bail, on furnishing bail bond of Rs 50,000/- with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either Central or State Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner, named above, – (i) shall appear before the concerned Investigating Officer Page No.# 4/4 of Barpeta P.S. Case No. 404/2024 on or before 10.01.2025 during the office hours and thereafter, as and when he is required for necessary investigation of said Barpeta P.S. Case No. 404/2024; (ii) shall not leave the territorial jurisdiction of the Barpeta police station, without obtaining prior written permission from the concerned Investigating Officer of the said case; (iii) shall not hamper with the investigation, 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 or to any police officer; (v) shall not threat the parents of the deceased or any members of her family, by himself or by anyone or by others, acting on his behalf and (vi) shall not involve himself in any criminal activities in the future. 14. Any violation of the aforesaid terms and conditions by the petitioner, namely, Sri Saibal Das, son of Sri Arabinda Das, the pre-arrest bail granted to him in the aforementioned Barpeta P.S. Case No. 404/2024 shall stand automatically vacated. 15. Return the case diary herewith. JUDGE Comparing Assistant