Page No.# 1/3 GAHC010253362024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3732/2024 SRI RANJAN ROY @ RAY S/O TIPIN ROY, R/O VILLAGE KHERBARI PART III, P.O. AGOMONI, P.S AGOMONI, DISTRICT DHUBRI, ASSAM, PIN 783335 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MS MAMPI ROY D/O SRI SIBIN ROY R/O VILLAGE KHERBARI PART III P.O. AND P.S. AGOMONI DISTRICT DHUBRI ASSAM PIN 78333 Advocate for the Petitioner : MR S K SARKAR, MS. S DAS,MS R KALITA,MS S BAYAN Advocate for the Respondent : PP, ASSAM, MS P MAZUMDAR (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.02.2025 1. Heard Mr. S. K. Sarkar, learned counsel for the petitioner ‘Y’. Page No.# 2/3 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 07.06.2024 in connection with Agomoni P.S. Case No. 49/2024 corresponding to GR Case No. 623/2024 under Sections 343/334/376/506 of the IPC read with Sections 6/15 of the POCSO Act. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State and Ms. P. Mazumdar, learned counsel for the respondent No. 2. 4. The allegation against the petitioner is that he has committed sexual assault on the minor victim ’X’. 5. Learned Additional Public Prosecutor has raised objection stating that the submission of the learned counsel for the petitioner is not acceptable. This is a case under the POCSO Act and the submission that the petitioner has promised to marry the victim does not entitle him to bail. 6. Learned counsel for the respondent No. 2 has submitted that the victim is staying in the petitioner’s house. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered the submission that earlier the victim had a relationship with the petitioner and she is willing to get married to the petitioner as she has attained majority by now. 9. I have also considered the submission that the petitioner is a local resident and he had pledged to cooperate with the investigation and to abide by any stringent bail conditions if imposed upon him. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged Page No.# 3/3 on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that the learned Trial Court may impose conditions to secure the attendance of the petitioner during the trial of the proceeding. 11. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant