Page No.# 1/3 GAHC010273742024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3930/2024 SRI BIJU KUMAR BORA S/O SRI RAM NATH BORAH R/O VILL- KUJIDAH (BEJORCHUK) P.O. HATICHUNG, P.S. JAJORI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:KABIR RANJAN DEKA S/O PRADIP KUMAR DEKA R/O VILL- BAROPUJIA P.O. BAROPPUJIA P.S. MIKIRBHATA DIST. MORIGAON ASSAM PIN-782103 Advocate for the Petitioner : MR Z KAMAR, MR. R K NATH,MS. S DAS,M KHATONIAR,MR D K DAS Advocate for the Respondent : PP, ASSAM, MR. B K GOGOI(R-2),MR. B BISHAYA (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.02.2025 Page No.# 2/3 1. Heard Mr. Z. Kamar, the learned senior counsel assisted by Mr. D. K. Das, learned counsel for the petitioner. Also heard Mr. R. J. Boruah, the learned Additional Public Prosecutor as well as Mr. B. Bishaya, appearing for the informant 2. This is an application Under Section 483 of the BNSS, 2023, has been filed by petitioner namely, Biju Kumar Bora who has been detained behind the bars since 29.04.2024 (for more than 9 months) in connection with POCSO Case No.64/2024 under Section 376(3)/354 of Indian Penal Code read with sections 6 and 10 of the POCSO Act, 2012. 3. The gist of accusations in this case is that the respondent no.2 who is an acquaintance of the victim girl has lodged an FIR on 09.04.2024, inter alia, alleging that the petitioner has committed rape upon victim girl on 2(two) occasions i.e on 7th and 10th of June 2023. 4. On receipt of the said FIR, Mikirbhata P.S Case No.55/2024 was registered and investigation was initiated. 5. Learned senior counsel for the petitioner has submitted that the petitioner has been detained behind the bars since the date of arrest for last 9 months and the victim girl as well as the father of the victim girl have already been examined as prosecution witnesses. 6. He further submits that the petitioner is ready to face the trial and considering the fact that the victim has been examined as well considering his long detention it is prayed that he may be allowed to go on bail. 7. On the other hand, learned Additional Public Prosecutor Mr. R. J. Boruah and learned counsel appearing for respondent no.2, Mr. B. Bishaya has opposed Page No.# 3/3 the grant of bail to the present petitioner on the ground that the offence involved in this case is heinous in nature and the witnesses who have been examined have implicated the present petitioner. 8. I have considered the submission made by learned counsel for petitioner, examined the material on record. It appears from record that though the witnesses who have been examined have implicated the present petitioner with the commission of the alleged offence, however since the victim who happened to be minor has already been examined, and since the petitioner has been languishing behind the bars for the last 9 months 2 days, and if he co- operates in the trial his custodial detention may not be necessary. 9. Hence, the petitioner is allowed to go on bail of Rs. 30,000/-(Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Additional Session Judge cum Special Judge(POCSO), Morigaon with following conditions I. That the petitioner shall not directly or indirectly make any inducement threat or promise to the victim or to the listed witnesses of this case so as to dissuade them from deposing against him in the said trial. II.The petitioner shall co-operate in the trial. 10.With the above observations, this bail application is hereby disposed of. JUDGE Comparing Assistant