Page No.# 1/4 GAHC040008452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/66/2025 Techi Nako Son of Techi Rallum, permanent resident of Yachuli, near Primary Jath, Yachuli Circle, District Keyi Panyor, Arunachal Pradesh and presently residing at Chimpu, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and Anr through the PP of AP 2:XYZ Age: 0 Occupation : Daughter of Ful Mohammad permanent resident of Village Anandapur Maj Gaon Barpeta District Assam and presently residing at Ganga Market Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Talin Dukam Rigia, Taw Tungka,Sibon Engti,Tsering Lhamu Advocate for the Respondent : P P of AP, Niabin Soki BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 24-11-2025 Heard Mr. S. Engti, learned counsel for the petitioner. Also heard Ms Page No.# 2/4 T. Jini, learned Additional Public Prosecutor for the State respondent and Ms B. Marde, learned counsel for the respondent No.2/victim. 2. This is an application filed under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023, praying for released of the accused, namely, Akash Ali, who has been arrested in connection with Itanagar W.P.S. Case No.01/2025 under Section 70(2)/130(2)/127(3) of the BNS, 2023, read with Section 6 of the POCSO Act, 2012. 3. The case of the petitioner is that based on the written FIR lodged by the victim, the above P.S. Case was registered against 2(two) accused persons including the present accused under the aforementioned sections of law. The accused was arrested on 11.02.2025 and since then, he has been inside the custody. Upon completion of the investigation, the police has submitted the case into charge sheet against the 2(two) accused persons to face trial for offence under Section 64(2) BNS, read with Section 6 of the POCSO Act, 2012. 4. Earlier the bail application moved before the learned trial court has been rejected on the ground that the case was still under the investigation. The learned counsel for the petitioner submits that there is change of circumstances as the case has already been submitted into charge sheet and the trial began by framing charge against the accused under Section 64(2) of BNS, 2023, read with Section 6 of the POCSO Act. The learned Additional Public Prosecutor submits that the co-accused has already been discharged based on the statement of the alleged victim. Page No.# 3/4 5. As per the age determination examination report, the age of the victim has been shown as between 16 to 18 years; however, the learned counsel for the petitioner by filing an additional affidavit has brought on record the birth certificate of the victim. As per the birth certificate issued by the Registrar Birth and Death, Sarukhetri, CHC dated 30.04.2024, her date of birth is recorded as 12.02.2006. The incident took place on 09.12.2024. In view of above, prima facie, it appears that at the time of occurrence of the incident, the victim was major aged about 18 years 10 months being born on 12.02.2006. 6. The learned counsel appearing on behalf of the respondent No.2/victim submits that now the victim has married to another person and she is at gestational age of 18 weeks 2 days as on 25.08.2025. Under the present circumstances, she has an instruction not to object the bail plea of the petitioner. 7. In view of the above and considering the long detention of the accused, this Court is of the view that the accused can be released on bail with view to afford him an opportunity to defend his case from outside the jail. Accordingly, this bail application is allowed. The accused is directed to be released on bail on furnishing a bail bond of Rs.20,000/- with 2(two) sureties of like amount (one of which should be resident of State of Arunachal Pradesh) to the satisfaction of learned Special Judge (POCSO), Yupia, subject to following conditions: (i) that the accused shall appear before the trial court regularly on all dates fixed by the trial court; (ii) that the accused shall not, directly or indirectly, make any Page No.# 4/4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the accused shall not leave the jurisdiction of concerned court without prior permission. 8. With the above, bail application stands allowed and disposed of. JUDGE Comparing Assistant