Page No.# 1/3 GAHC010272942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4005/2025 SRI MRINAL RAJBONGSHI S/O- SRI RUPEN RAJBONGSHI R/O- VILLAGE-BARAGRA P.S. DISTRICT- NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM. 2:SMTI TARALI DAS W/O-BHAGABAN DAS R/O- GHORAMARA NIRIBILI PATH HATIGAON POLICE STATION- HATIGAON DISTRICT- KAMRUP (M) ASSAM Advocate for the Petitioner : MR P KATAKI, MS. A LALA,MS S BARPUJARI,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, MS Z ANJUM (R-2),MS. B CHETRY (R-2),C SAIKIA (R-2),S J DUTTA (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.02.2026 Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr. M.K. Page No.# 2/3 Das, learned counsel for the respondent No. 2 and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioner in connection with Hatigaon PS Case No. 158/2025 u/s 87 BNS r/w Section 6 of the POCSO Act, 2012. 3. The case in brief is that on 24.08.2025 one Smti. Tarali Das, wife of Bhagaban Das lodged a written FIR before the Officer-in-Charge of Hatigaon Police Station alleging interalia that their daughter, namely Aruna Das aged about 16 years has been missing since yesterday i.e. 23.08.2025 from about 2:00 pm. On 24.08.2025 at about 8:00 am her husband Bhagaban Das received a phone call from an unknown person that her daughter is in Boroma and called him to take her from Boroma. But when her father went to get his daughter from the said location it was found that the information given to him was false and the mobile number from which he was called upon was also switched of and he was unable to reach the said number. Hence the FIR. 4. After recovery of the victim girl, she was medically examined and her statement was also recorded by the Magistrate which I have perused. 5. Although the said statement implicates the petitioner, the same is at variance with what she has stated before the Medical Officer during her medical examination wherefrom it appears that it is the case of elopement and not one of forceful sexual intercourse. The Medical Report also does not support any such allegation. Furthermore, learned counsel appearing for the respondent No. Page No.# 3/3 2 has submitted that the informant has no objection if the petitioner is released on bail at this stage and an additional affidavit stating the same has also been submitted on behalf of the respondent No. 2. 6. Having regard to the above as well as the facts that the petitioner has been in custody since 24.10.2025, the prayer for bail is allowed. 7. Accordingly, it is directed that the petitioner, namely, Sri Mrinal Rajbongshi, shall be released on bail of Rs. 50,000/- (Rupees fifty thousand) with one sureties of the like amount to the satisfaction of the learned Elaka Magistrate in connection with the aforesaid case. 8. It is further provided that the petitioner shall regularly participate in the trial if one commences against him and shall not try to influence the witnesses in any manner. 9. The Bail Application stands disposed of. JUDGE Comparing Assistant