Page No.# 1/4 GAHC040019042025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/143/2025 Savitri Gohain Wife of Late Priyo Gohain, permanent resident of Village Ghuguwadol Chapori, PO and PS Dhemaji, Dhemaji District, Assam VERSUS The State of AP and 2 Ors through the PP of AP 2:Smti Puja Dusu Age: 30 Occupation : Wife of Shri Bitul Gohain resident of Type-I Colony Yupia Papum Pare District Arunachal Pradesh. 3:Miss XYZ Age: 0 Occupation : Daughter of Shri Bitul Gohain resident of Type-I Colony Yupia Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Arup Bhatttacharjee, G T Sangma Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA Page No.# 2/4 ORDER 23.12.2025 Heard Mr. A. Bhattacharjee, learned counsel appearing for the accused applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State and Mr. J. Tsering, learned Amicus Curiae representing respondent Nos. 2 and 3. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the accused applicant in connection with Women Police Station, Itanagar Case No. 54/2024 under Section 74/75/79/126 BNS read with Section 8/12 of POCSO Act, 2012. 3. The gist of the allegation as alleged in the FIR dated 07.10.2024 is that the minor daughter of the informant was sexually abused by the accused applicant who is stated to be the step father of the minor victim girl. It was also alleged that the accused applicant had sexual intercourse with a different lady in front of the minor victim girl. It was also alleged that the accused applicant is a habitual offender and on several occasions, the accused applicant was found to be abusing the minor victim girl. On receipt of the FIR, the Police registered the Women Police Station, Itanagar Case No. 54/2024 under the aforementioned Sections. 4. After the completion of the investigation, the Police filed the charge sheet and the trial is being conducted before the learned Special Judge (POCSO), Yupia. 5. The learned counsel appearing for the accused applicant submits that the accused applicant was, in fact, arrested on 14.10.2024 and he is behind the bar for the last 430 days. He further submits that the accused applicant is suffering from HIV positive. He submits that during the trial, the deposition of the minor Page No.# 3/4 victim girl, the informant as well as the I.O. of the case in the instant case have already been recorded by the Trial Court. He submits that in view of his long incarceration as well as the fact that the depositions of the vital witnesses have already been recorded, there is no requirement in detaining the accused applicant inside the jail. He further submits that taking into the materials facts as mentioned above, the accused applicant should be allowed to go on bail. 6. On the other hand, Mr. D. Loyi, the learned Public Prosecutor submits that there are serious allegations against the accused applicant as well as the depositions reveal his involvement in the offence as alleged in the FIR and there are possibilities that the accused applicant, in the event of his release on bail, might try to influence and tamper with the evidences of witnesses involved. Therefore, Mr. D. Loyi, learned Public Prosecutor opposes the prayer for granting bail to the accused applicant. 7. Mr. J. Tsering, the learned Amicus Curiae representing respondent Nos. 2 and 3 submits that considering the health condition of the accused applicant and he being diagnosed with HIV positive as well as taking into account the length of detention already undergone by the accused applicant, this Court may consider the prayer for granting regular bail to the accused applicant. 8. This Court has gone through the materials which have been brought before this Court as well as the materials available in the TCR, which has been produced before this Court. Perused the TCR. 9. After hearing the learned counsel appearing for the respective parties and taking into account the facts that the accused applicant is suffering from HIV positive as well as he has already spent more than 430 days behind the bar, this Court is of the considered opinion that this is a fit case, wherein, the accused Page No.# 4/4 applicant should be granted bail, at this stage. 10. Accordingly, it is directed that the accused applicant, namely, Shri Bitul Gohain shall be released forthwith on bail in connection with Women Police Station, Itanagar Case No. 54/2024 on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the learned Special Judge (POCSO), Yupia subject to the following conditions:- (i) that the accused applicant shall not try to influence the victim girl and shall not try to go near the victim girl as well as the informant, in whatsoever manner; (ii) that the accused applicant shall make himself available before the learned Trial Court as and when called for; and (iii) that the accused applicant shall not hamper or tamper with the investigation in any manner. 11. Return the TCR, forthwith. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant