Page No.# 1/4 GAHC010259752024 2025:GAU-AS:351 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3757/2024 UMESH MANDAL S/O LATE SATYA NARAYAN MANDAL R/O WARD NO. 1, DIPHU TOWN, DIPHU RAILWAY COLONY, P.S. DIPHU DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:POONAM SAH W/O BHRAMAR MALAKAR R/O DIPHU RAILWAY COLONY WARD NO. 1 DIPHU TOWN P.S. DIPHU DIST. KARBI ANGLONG ASSAM Advocate for the Petitioner : MR. H S BORAH, Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09.01.2025 Heard Mr. H S Borah, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Dr. Pooja Agarwal, learned Amicus Curiae appearing for the respondent No.2/informant of the case. 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Sri Umesh Mandal, son of late Satya Narayan Mandal, resident of village-Ward No.1, Diphu Town, Diphu Railway Colony, Police Station-Diphu, District-Karbi Anglong is praying for his bail in Diphu Police Station Case No. 87/2024, registered under Section 65(2) BNS, 2023 read with Section 6 of the POCSO Act, corresponding to G.R. No. 251/2024, wherein, he was arrested on 18.10.2024 and is in custody since then. 3. As per the FIR dated 17.10.2024 allegation against the petitioner lodged by the informant/respondent No. 2 is that her neighbour, the petitioner raped her minor daughter aged about 8 years 6 months by inviting her to his house. The said matter came to her knowledge on 17.10.2024 itself when she saw blood stain in the undergarment of her daughter. Though initially she thought that it might be her menstruation period, but upon second thought that it is not the right age for the same, she along with her mother-in-law enquired about the matter from her daughter. Initially though the victim did not say much about it, but later on she stated that the petitioner committed rape on her, even on earlier occasions and also threatened her not to disclose the same to others. 4. Accordingly, said FIR dated 17.10.2024 was registered as Diphu Police Station Case No. 87/2024 under Section 65(2) BNS, 2023 read with Section 6 of the POCSO Act and the petitioner was taken into custody on 18.10.2024. 5. Mr. H S Borah, learned counsel for the petitioner has submitted that the petitioner is no way connected with the case and that he has been falsely implicated in it. Page No.# 3/4 6. Mr. K K Parashar, learned APP, Assam has submitted that the petitioner is the neighbour of the informant and in the absence of the informant, in her house, the petitioner committed such bad acts with the minor victim girl of 81/ 2 years, as been reflected in the case diary. Considering his detention since 18.10.2024, Mr. K K Parashar, learned APP, Assam has submitted that there are few more days left for completion of the statutory period of detention of the petitioner and at this stage he should not be released on bail. 7. Dr. Pooja Agarwal, learned Amicus Curiae appointed by the Court appearing on behalf of the respondent No.2/informant of the case has submitted that the FIR itself reflects that the petitioner threatened the minor victim girl and he being of the same locality, if released on bail, there is all possibility that the actual facts will not come out during the trial of the case. 8. Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam, the statement of the minor victim girl recorded by the learned Judicial Magistrate First Class, Karbi Anglong on 18.10.2024 as well as the medical report of the minor victim girl examined immediately after filing of the FIR on 17.10.2024. 9. Medical report of the minor victim girl indicates certain injuries on her private parts. 10. In her statement recorded under Section 183 BNSS before the learned JMFC, Karbi Anglong on 18.10.2024, the minor victim girl stated as to how the petitioner committed such illegal act with her in absence of her mother in their house. 11. Considering such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that this is not a fit case to grant bail to the petitioner, named above, considering his detention in said Diphu P.S. Case No. 87/2024 since 18.10.2024. 12. Accordingly, this bail application of the petitioner, Sri Umesh Mandal, in said Diphu P.S. Case No. 87/2024 stands rejected. 13. Return the case diary herewith. 14. The Gauhati High Court Legal Service Committee shall pay the remuneration to Dr. Pooja Agarwal, learned Amicus Curiae appointed by the Court for assisting the Court in adjudicating Page No.# 4/4 this case, on raising a bill. JUDGE Comparing Assistant