Page No.# 1/3 GAHC010256772024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3783/2024 MANAB MANNA R/O C/O DIBAJIT GUCHAIT, GAR ALI, NEAR KFC, JORHAT, ASSAM, PIN- 785001. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SMT. PRIYA PAUL W/O SRI SUMITRA PAUL R/O C/O SUDIP PAUL GAR ALI NEAR KFC JORHAT ASSAM PIN-785001 (INFORMANT Advocate for the Petitioner : MR P R SARMA, MS. R DEVI,MS P DEVI Advocate for the Respondent : PP, ASSAM, MR. D GOGOI (Amicus Curiae, R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.02.2025 Page No.# 2/3 1. Heard Mr. P.R. Sarma, the learned counsel for the petitioner. Also heard Mr. R.G. Baruah, the learned Additional Public Prosecutor, Assam as well as Mr. D. Gogoi, learned Amicus Curiae appearing for the respondent no.2. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Manab Manna, who has been detained behind the bars since 30.06.2024 (for last 220 days), in connection with Sessions (Spl.) Case No. 46/2024. 3. The learned counsel for the petitioner has submitted that out of eight listed prosecution witnesses till date only one witness has been examined and the petitioner is languishing behind the bars for 220 days. He submits that considering the period of detention, he may be allowed to go on bail and further submits that the petitioner is ready to co-operate in the trial. 4. On the other hand, Mr. R.G. Baruah, the learned Additional Public Prosecutor, Assam as well as Mr. D. Gogoi, learned Amicus Curiae appearing for the respondent no.2 have submitted that the offence alleged is grave in nature and the victim girl, who is a minor is yet to be examined. They oppose the grant of bail to the petitioner at this stage. As there is a possibility of influencing the victim girl, if the petitioner is allowed to go on bail before recording her statement. 5. I have considered the submissions made by the learned counsel for the parties and I have gone through the scanned copy of the case record in Sessions (Spl.) Case No. 46/2024. The victim girl in this case is a minor, who, though listed as a prosecution witness, is yet to be examined as prosecution witness by the Trial Court. Page No.# 3/3 6. Though, the petitioner has been languishing behind the bars for last 220 days. However, this Court is of the considered opinion that it would not be proper to released him at this stage before examination of the victim girl as prosecution witness by the Trial Court. 7. In view of above, the Trial Court is directed to examine the victim girl as the next prosecution witness as early as possible and after examination of the victim girl, the petitioner may approach the Trial Court by filing a regular bail application, if so advised and if such an bail application has filed, it shall be duly considered by the Trial Court. 8. With the above observations, this bail application is hereby disposed of. JUDGE Comparing Assistant