Page No.# 1/5 GAHC010216382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2350/2025 SANJIB DAS AND ANR S/O MAHESWAR DAS R/O VILL- BORATHLABARI P.O. BORDOULGURI P.S. SIPAJHAR , DIST. DARRANG, ASSAM (PRESENTLY RESIDING AT HOUSE NO. 8, BY LANE NO. 5, MADHAB DEB PATH, FOREST GATE, HENGRABARI, P.S. DISPUR, DIST. KAMRUP (M), ASSAM, PIN-781006) 2: SRI MANASH JYOTI DAS S/O MAHESWAR DAS R/O VILL- BORATHLABARI P.O. BORDOULGURI P.S. SIPAJHAR DIST. DARRANG ASSAM (PRESENTLY RESIDING AT HOUSE NO. 8 BY LANE NO. 5 MADHAB DEB PATH FOREST GATE HENGRABARI P.S. DISPUR DIST. KAMRUP (M) ASSAM PIN-781006 VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE LEARNED PP, ASSAM 2:ANITA DAS Page No.# 2/5 W/O DIPJYOTI DAS H. NO. 8 BYE LANE -5 MADHAB DEB PATH FOREST GATE HENGRABARI P.S. DISPUR GUWAHATI-06 KAMRUP (M) ASSAM Advocate for the Petitioner : MR H RAHMAN, MS P SHARMA,RUBI GOGOI Advocate for the Respondent : PP, ASSAM, MR. V A CHOWDHURY, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 14.11.2025 Heard Mr. H. Rahman, learned counsel appearing for the accused/applicants. Also heard Mr. P. S. Lahkar, learned Addl. P.P., Assam appearing for the State and Mr. V. A. Choudhury, learned Amicus Curiae representing the respondent No.2. This is an application under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the accused/applicants, viz., 1) Sri Sanjib Das and 2) Sri Manash Jyoti Das in connection with Dispur P.S. Case No.690/2025 registered under Sections 75(1)/78(1)/3(5) of the BNS, 2023 read with Section 12 of the POCSO Act. The allegations as has been narrated in the F.I.R. dated 18.08.2025 Page No.# 3/5 lodged by one Anita Das before the Dispur Police Station is to the effect that the accused/applicants along with one Boratul Islam harasses her minor daughter sexually during her to and fros from school. It was also alleged in the F.I.R. that the accused/applicants eve teases her everyday and tries to lure her to take with them with some indecent purpose. It was also alleged that on one occasion the informant along with the locals confronted the accused persons at their food stall and handed over the aforesaid Boratul Islam to the police authorities. However, the accused/applicants fled from the food stall. Accordingly, the instant case was registered against the accused/applicants. The learned counsel appearing for the accused/applicants submits that the informant has falsely implicated the accused/ applicants as there was some enmity between the accused/applicants and the informant and her family. He further submits that both the accused/applicants are brothers and somehow managing in Guwahati staying in a rented house by running a small food stall and they are in no way connected with any such indecent behaviour as alleged to have shown to the minor daughter of the informant. He further submits that there is no antecedent of any such offences committed by the accused/ applicants earlier. In view of the aforesaid, he submits that this Court should allow the accused/applicants to go on pre-arrest bail. Page No.# 4/5 The learned Addl. P.P. has produced the Case Diary before this Court. This Court has perused the Case Diary so submitted and also gone through the statement of the victim. It is seen from the statement of the victim that there is not an iota of allegation of any sexual or indecent behaviour so stated by the victim in her statement before the police. Taking into account the aforesaid statements before the police by the victim girl as well as the submissions made by the learned counsel for the respective parties, this Court is of the opinion that it is a fit case wherein the accused/applicants should be allowed to go on pre-arrest bail. Accordingly, it is provided that in the event of arrest of the accused/applicants in connection with the aforesaid case, they shall be released on pre-arrest bail on furnishing of a bail bond of Rs.10,000/- each with a local surety each of like nature to the satisfaction of the arresting authority under the following conditions :- (1) That the accused/applicants shall appear before the Investigating Officer within 10 (ten) days from today. (2) That the accused/applicants shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (3) That the accused/applicants shall not tamper with the evidence and shall not influence the witnesses connected Page No.# 5/5 with the case. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant