Page No.# 1/3 GAHC010276942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4059/2025 SRI AKASH DEEP BORAH ALIAS RIKI SON OF SRI GHANA BORAHResident of DIGALIJAN, BHITORUWALUNDER GOURISAGAR POLICESTATION IN THE DISTRICT OF SIVSAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI JYOTI REKHA BORA WIFE OF SRI SANJIB BORARESIDENT OF BALICHAPORI BOHOTGAON HATIGARH UNDER JORHAT POLICE STATION IN THE DISTRICT OF JORHAT ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, DARAK ULLAH, AMICUS CURIAE R2 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 22.01.2026 Heard Mr. B M Choudhury, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam and Mr. Darak Ullah, learned counsel for the respondent no. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Sri Akash Deep Borah @ Riki, has prayed for release on bail, who is in custody in connection with Special (POCSO) Case No. 80/2025. A 17 (seventeen) years old girl with her male and female friends, had consumed alcohol together. When the victim girl felt intoxicated, the present petitioner took her to a room and had forcibly kissed her. The victim girl gave her statement under Section 183 of the BNSS, 2023 like that. Mr. Choudhury has submitted that in this case there are 7 (seven) accused persons in the charge sheet and out of that, 4 (four) have already been released on bail by the court below. 2 (two) of the accused persons are yet to appear before the trial court. Mr. Chouhdury has further submitted that the accused himself is a 19 (nineteen) years old boy and he is a student. Also, he has already spent 80 (eighty) days in judicial custody. I have considered the submissions made by the learned counsel for both the sides. Page No.# 3/3 There are some allegations against the present petitioner. But, at this stage, considering his age and considering the stament of the victim girl recorded under Section 183 of the BNSS, 2023, this court is of the opinion that the petitioner does not deserve to be detained in custody any longer. Hence, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, Sri Akash Deep Borah @ Riki, who is in custody in connection with Special (POCSO) Case No. 80/2025, is allowed to go on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, Jorhat. The bail application is disposed of. JUDGE Comparing Assistant