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2025 DAILYLAW 24459 (GAU)

SUJAL PANTATI v. THE STATE OF ASSAM AND ANR

Bail Appln./2642/2025 · 2025-11-27

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/4 GAHC010175252025 2025:GAU-AS:16297 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2642/2025 SUJAL PANTATI S/O LATE SUNIL PANTATI R/O AMSING JORABAT CHOWK, NEAR MATRI MANDIR, P.S. SATGAON, DIST. KAMRUP (M), ASSAM, PH. 9577726468. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RITA BARMAN (INFORMANT) SUPPORT PERSON (ACCESS TO JUSTICE ) OF ASSAM CENTRE FOR RURAL DEVELOPMENT R/O PB ROAD PALTAN BAZAR GUWAHATI CENTRAL P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR D MEDHI, MR. J N SUWAI,MR P SONOWAL Advocate for the Respondent : PP, ASSAM, MR. SANU HUSSAIN (INFORMANT),MS P BARMAN (INFORMANT),MS. S NEWAR (R-2) BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Ms S Yesmin, learned counsel appearing on behalf of Mr D Medhi, Page No.# 2/4 learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam; Ms S Newar, learned counsel appearing on behalf of the informant; and Ms P Barman, learned counsel appearing on behalf of the mother of the victim. 2. This application has been filed under Section 483 of the BNSS, 2023, praying for granting of bail to the petitioner, namely, Sujal Pantati, who was arrested on 17.07.2025, in connection with Satgaon PS Case No. 131/2025, registered under Sections 64(1) of the BNS, 2023, read with Sections 9/10/11 of PCM Act, 2006, and read with Section 6 of the POCSO Act, 2012. 3. The petitioner was arrested on 17.07.2025, on the basis of an FIR lodged by one Rita Barman, Support Person, Access to Justice of Assam Centre for Rural Development. In the FIR, the informant had stated that during a field visit near the Amsing PHC, they received information of the ANM of the Amsing PHC, regarding a suspected case of Child Marriage. As per her information, a 16-year- old girl was currently residing with the accused, who was stated to be around 18 years and 7 months. The victim was reportedly pregnant. The petitioner was arrested on 17.07.2025 and forwarded on 18.07.2025, and has been in custody since then. 4. The scanned copies of the case record of Sessions Special Case No. 193/2025 has been received and perused by this Court. 5. The learned Additional Public Prosecutor submits that the trial is now at the stage of appearance and service report/production. 6. From the record, it appears that the matter has been thus, fixed on and from 26.09.2025 and the prosecution evidence is yet to start. 7. The learned counsel for the petitioner has submitted that the petitioner is Page No.# 3/4 a young boy of approximately 18 years and there is no suggestion of any coercion, force or assault even in the statement of the victim as recorded under Section 183 of the BNSS, 2023. 8. The learned Additional Public Prosecutor and the counsel appearing for the informant have stressed that the abortion undergone by the victim would itself show that there was a criminal intent on the part of the accused. Accordingly, they have prayed that the bail application may be rejected at this stage. 9. We have gone through the scanned copies of the records and the statements made in the bail application. 10. Keeping in view the young age of the accused and that there are no allegations of forced coercion etc., we deem it fit to grant bail to the petitioner. Accordingly, the petitioner is directed to be enlarged on bail of Rs. 50,000/- with 2 (two) suitable sureties of the like amount to the satisfaction of the learned trial Court, under the following conditions that:- 1) The accused/petitioner shall regularly appear before the learned Trial Court on all dates to be fixed from time to time till the case is disposed of; and 2) That the accused/petitioner shall not directly or Indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; and 3) That the accused/petitioner shall not commit any offence similar to the one of which he is accused; and 4) That the accused/petitioner shall not leave the territorial jurisdiction of Page No.# 4/4 the learned Trial Court without prior permission; and 5) shall not tamper with the evidence of the case; 6) shall not contact the victim or try to coerce or force her; 7) Any other conditions that the learned Trial Court may deem fit to ensure participation of the accused/petitioner in the Trial. 11. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid Satgaon Police Station Case No. 131/2025 shall stand liable to be revoked. 12. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant