Page No.# 1/3 GAHC010257352025 2025:GAU-AS:16795 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3793/2025 KRISNA SARKAR SON OF LT. LAL SARKAR, RESIDENT OF KATABARI 1 NO. MASJID, PS. GORCHUK, DIST-KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE LEARNED PUBLC PROSECUTOR, ASSAM 2:SITAL SAHA SON OF LATE BIMAL SAHA RESIDENT OF HOUSE NO-13 BLOCK A-2 JYOTIKUCHI NEAR SBI BANK PS-FATASIL AMBARI DISTKAMRUP (M) ASSAM 3:XXXX DAUGHTER OF SITAL SAHA RESIDENT OF HOUSE NO-13 BLOCK A-2 JYOTIKUCHI NEAR SBI BANK PS-FATASIL AMBARI DISTKAMRUP(M) ASSA Advocate for the Petitioner : MR N A MAZARBHUIYA, A S CHOUDHURY,MS. K R PAUL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 05.12.2025 Heard Mr. N. A. Mazarbhuiya, learned counsel appearing for the accused applicant and Mr. P. Borthakur, learned Addl. PP appearing for the State. 2. This is an application under Section 483 of BNSS, 2023 for granting regular bail to the accused applicant, namely, Krishna Sarkar in connection with Dispur P.S. Case No. 803/2025 registered under Section 140(3)/75(2) BNS, 2023 read with Section 12 of POCSO Act. 3. The gist of the allegation as narrated in the FIR dated 03.10.2025 is that the minor daughter of the informant while returning back from school by an e-rickshow driven by the accused applicant, the accused applicant forcefully took her to different places and thereafter used certain abusive and seductive languages addressing his minor daughter. Due to anxiety, the girl was not returning back home and on search, the girl was found crying and detailed about the incident happened involving the accused applicant. On receipt of the FIR, the Police registered the Dispur P.S. Case No. 803/2025 under the aforementioned sections. 4. The learned counsel appearing for the accused applicant submits that the accused applicant was arrested on 04.10.2025 and since then he has been behind the bar for the last 61 days. In view of the aforesaid, the learned counsel appearing for the accused applicant submits that since the Police is yet to file the charge sheet, he should be released on default bail. Page No.# 3/3 5. Mr. P. Borthakur, learned Addl. PP appearing for the State submits that charge sheet in the instant case is yet to be filed. 6. Taking into account the length of detention of 61 days, wherein, the mandatory period of detention without filing of the charge sheet is 60 days, this Court is of the opinion that the accused applicant should be released on bail. 7. In view of the aforesaid factual position, the accused applicant, namely, Krishna Sarkar is directed to be released forthwith on bail in connection with Dispur P.S. Case No. 803/2025 on furnishing of bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Special Judge (POCSO), Kamrup (M), Guwahati. However, the bail order shall be subject to following conditions:- (i) that the accused applicant shall cooperate with the investigation and make himself available as and when called for; (ii) that the accused applicant shall not try to keep in touch either with the informant or informant’s daughter in whatsoever manner; and (iii) that the accused applicant shall not try to hamper or tamper with the investigation of the instant case. In view of the aforesaid directions, the instant Bail application stands disposed of, as allowed. JUDGE Comparing Assistant