Page No.# 1/4 GAHC010252492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3703/2025 RAHUL BHARALI S/O- SHRI RANJIT BHARALI. R/O- DEOGHARIA GRANT, P.S- TITABAR DISTRICT- JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI MITHU DEV W/O- SYAMAI CHANDRA DEV . R/O- VILLAGE - AMBARI TITABAR P.S- TITABAR DISTRICT- JORHAT ASSA Advocate for the Petitioner : MR. M BISWAS, P. RAJAK,S. KHATUN,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, Amicus Curiae, Respondent No. 2 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 17.12.2025 Heard Mr. M. Biswas, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Addl. P.P., Page No.# 2/4 Assam appearing for the State and Mr. Surajit Das, learned Amicus Curiae representing the respondent No.2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused/applicant in connection with Special (POCSO) Case No.68/2025 pending in the Court of learned Additional Sessions Judge-cum- Special Judge (POCSO), Jorhat, corresponding to Titabar P.S. Case No.55/2025 registered under Section 87 of the BNS, 2023 read with Section 6 of the POCSO Act. The gist of the allegation as alleged in the F.I.R. dated 08.04.2025 is that the informant’s daughter went to school on 07.04.2025 and did not come back till the time of the filing of the F.I.R. It was alleged that one Rahul Bharali of Kheti-firm had kidnapped his daughter. On receipt of the F.I.R., Titabar P.S. Case No.55/2025 under the aforementioned sections was registered against the accused/ applicant and in course of the investigation the accused/applicant was arrested on 13.07.2025 and since then for last more than 5 months he is behind the bars. After completion of investigation the police submitted charge- sheet and the trial proceeded. The victim girl as well as the informant have already been examined and cross-examined before the Trial Court. Mr. Biswas, learned counsel for the accused/applicant submits that as per the deposition of the victim girl, the victim, has totally denied the Page No.# 3/4 allegations made in the F.I.R. and she has been declared as hostile. In view of the aforesaid, he submits that the possibility of conviction of the accused/applicant in the instant case is doubtful. In view of the aforesaid factual position, the learned counsel for the accused/applicant submits that since the accused/applicant is a young boy of 22 years old and he was involved in a love relationship with the girl and since he has already spent more than 5 months behind the bars, he should be released on bail at this stage. The learned Addl. P.P. has submitted that the victim girl has in fact been declared hostile. The learned Amicus Curiae has also supported the same. Taking into account the entire facts of the matter and going through the materials brought before this Court, this Court is of the considered opinion that this is a fit case to grant the privilege of bail to the accused/applicant at this stage. Accordingly, it is directed that that the accused/applicant shall be released forthwith on bail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Additional District & Sessions Judge –cum- Special Judge (POCSO), Jorhat, subject to the following conditions :- (1) That the accused/applicant shall regularly appear during the trial and shall not try to influence or intimidate the Page No.# 4/4 witnesses in any manner; (2) That the accused/applicant shall not commit any offence while on bail. In view of the aforesaid directions, the Bail Application is disposed of. JUDGE Comparing Assistant