Page No.# 1/3 GAHC010234692025 2025:GAU-AS:16414 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3457/2025 RITUPARNA HAZARIKA S/O- SRI RUPAK KR. HAZARIKA , R/O- HARMOTI KATHANI , P.O- MERBIL , PIN -784160 , P.S- LALUK , DIST- LAKHIMPUR ,ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MRS LIZA BASUMATARY THAPA W/O- GANESH KR. THAPA R/O- 1 NO. BOGORI P.O- MERBIL PIN- 784160 P.S- LALUK DIST- LAKHIMPUR ASSA Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.12.2025 Heard Ms. S. G. Baruah, learned counsel appearing for the accused applicant. Also heard Mr. K. K. Parasar, learned Addl. PP for the State of Assam and Mr. S. Nawaz, learned Amicus Curiae for respondent No. 2. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused applicant in connection with Laluk P.S. Case No. 188/2025 corresponding to G.R. Case No. 859/2025 under Section 14/15 of the POCSO Act and read with Section 67 B of the I.T. Act. 3. The allegation against the accused applicant is that the applicant took inappropriate photos and videos of the informant’s minor daughter and later on, posted those photo and video on social media platform. On receipt of the FIR, the aforementioned case was registered against the accused applicant. 4. The learned counsel appearing for the accused applicant submits that since the case has been filed under Section 14/15 of the POCSO Act read with Section 67 B of the I.T. Act without mentioning the sub-section 2 of BNSS, the mandatory period of detention which is allowed under BNSS is already over as the accused applicant has spent in the judicial custody for more than 79 days as on today. Therefore, she submits that the accused applicant should be allowed to go on default bail. 5. Mr. K. K. Parasar, learned Addl. PP fairly submits that though the case was registered against the accused applicant under Section 14 of the POCSO Act, however, no mention of sub-section 2 has been made and the Case Diary does not reveal any offence under Section 14 (2) of the POCSO Act. 6. In view of the aforesaid facts and taking into account the period of detention, the mandatory period of detention seems to be already over. 7. In such view of the matter and the allegation made in the FIR as well as the submissions made by the learned counsel for the respective parties, Page No.# 3/3 this Court is of the considered opinion that allegation as made out from the FIR does not transpire any offence under Section 14 (2) of the POCSO Act. Therefore, since the accused applicant has already spent 79 days behind the bar, the accused applicant has a right to go on default bail. Accordingly, the accused applicant is directed to be released on bail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur. However, the above shall be subject to the following conditions:- (ii) that the accused applicant shall not, directly or indirectly, make any attempt to influence the witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Police or the Court; and (iii) that the accused applicant shall co-operate with the investigation and appear before the I.O. as and when called for. In view of the above directions, this Bail Application is disposed of as allowed. JUDGE Comparing Assistant