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2025 DAILYLAW 2262 (GAU)

GAUR DAS v. THE STATE OF ASSAM AND ANR.

Bail Appln./4112/2025 · 2026-02-01

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010284002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4112/2025 GAUR DAS S/O-HIRALAL DAS, VILL GURIPATHAR, PS JAGIROAD, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR OF ASSAM 2:RUPA DAS (INFORMANT) W/O BISHNU DAS VILL GAMARIGURI PS JAGIROAD DISTRICT - MORIGAON ASSAM Advocate for the Petitioner : S K PODDAR, MR. C SHARMA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.02.2026 Heard the learned counsel Mr. S K Poddar appearing for the petitioner. Also heard Mr. K K Das, the learned Additional Public Prosecutor appearing for the State of Assam and Mr. S Rahman, the learned Amicus Curiae appearing for the respondent No.2. Page No.# 2/2 2. This is an application under Section 483 of the BNSS, 2023 in connection with POCSO Case No. 153/2025 arising out of Jagiroad P.S. Case No. 202/2025 pending in the court of the learned Special Judge (POCSO), Morigaon. 3. The victim girl has been examined by the trial court. 4. The petitioner has spent 167 days in judicial custody. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the case record. 6. This is Court is of the opinion that at this stage, the petitioner no longer deserves to be detained in custody. 7. The bail application of the petitioner is allowed. 8. The petitioner Gaur Das, who is facing trial in POCSO Case No. 153/2025 pending in the court of the learned Special Judge (POCSO), Morigaon shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of learned Special Judge (POCSO), Morigaon. 9. The petitioner shall appear before the trial court on each and every date of hearing. If the petitioner fails to appear before the trial court, the trial court shall be at liberty to procure his attendance in accordance with the procedures as laid down by law. The bail application is disposed of accordingly. JUDGE Comparing Assistant