Page No.# 1/2 GAHC010263382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3873/2025 SRI UJJAL DARIG S/O- SRI JUGESWAR DARIG, R/O- MAMOL GARBHAGA, P.S. DISTRICT- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE P.P. ASSAM. 2:SRI HARI CHANDRA DAS S/O- LATE GOHIN CHANDRA DAS R/O- DESANGMUKH JAIL GAON POLICE STATION- SIVASAGAR DISTRICT- SIVASAGAR ASSAM 3:SRI PRASANTA DAS S/O- DHANIRAM DAS R/O- DESANGMUKH JAIL GAON POLICE STATION- SIVASAGAR DISTRICT- SIVASAGAR ASSAM Advocate for the Petitioner : MR P KATAKI, MRS R BEGUM,MS. A LALA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE R2 & R3) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 05.02.2026 Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor, Assam and Mr. Sarfraz Nawaz, learned Amicus Curiae representing respondent Page No.# 2/2 nos. 2 and 3. By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Sri Ujjal Darig, who is facing trial in connection with Special POCSO Case No. 36/2025 pending in the court of the learned Special Judge (POCSO), Sivasagar, has prayed for releasing him on bail. The petitioner is a teacher by profession and he works in a school. It is alleged in the FIR that he had touched the private parts of some girl students. The said girls are already examined by the trial court. Mr. Kataki has submitted that the petitioner has already spent 7 (seven) months in judicial custody. The period of long detention should be considered for releasing the petitioner on bail. Mr. Sharma, learned Additional Public Prosecutor has objected to the prayer made by the learned counsel for the petitioner on the ground that the victim girls have implicated the present petitioner in their evidence. Mr. Nawaz also supports the submission of Mr. Sharma. I have considered the submissions made by the learned counsel for both the sides. The victim girls are already examined by the trial court. Also, the petitioner has already spent more than 7 (seven) months in judicial custody. This court is of the opinion that, at this stage, the petitioner deserves to be released on bail. Therefore, the prayer of the petitioner is allowed. Accordingly, the petitioner, Sri Ujjal Darig, who is facing trial in connection with Special POCSO Case No. 36/2025 pending in the court of the learned Special Judge (POCSO), Sivasagar, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Sivasagar. It is hereby directed that the petitioner shall regularly appear before the trial court on each and every date(s) as fixed by the trial court and if he fails to appear, the trial court shall have the liberty to procure his attendance by following due process of law. With the above, the bail application is disposed of. JUDGE Comparing Assistant