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2025 DAILYLAW 25320 (GAU)

PRABUDDHA GAUTAM SINHA v. THE STATE OF ASSAM AND ANR

Bail Appln./3464/2025 · 2025-11-23

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010233372025 2025:GAU-AS:15954 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3464/2025 PRABUDDHA GAUTAM SINHA S/O LT PROBHAT CH SINHA R/O SAPATGRAM W/NO. 3 NANDIPARA, PS SAPATGRAM , DIST DHUBURI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:CHAYNA SAHA SEAL SARMA W/O ASHIM S EAL SARMA R/O SAPATGRAM WARD NO. 3 NANDIPARA PS SAPATGRAM DIST DHUBURI ASSA Advocate for the Petitioner : MR. M BISWAS, MS. A K CHOPHI,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, MR. S HAZARIKA (R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24.11.2025 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. P. Page No.# 2/3 Borthakur, learned Additional Public Prosecutor for the State and Mr. S. Hazarika, learned counsel for the informant. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Prabuddha Gautam Sinha, has prayed for bail in connection with Sapatgram P.S. Case No. 58/2025, registered under Section 79 of BNS, 2023 r/w Section 12 of POCSO Act. 3. The case arose out of FIR dated 09.10.2025 lodged by the mother of the victim girl. The gist of the allegation is that the accused who is stated to be the Assistant Headmaster of a school, came to their house when no one was present and trying to commit sexual assault upon her daughter. 4. The learned counsel for the informant has filed bail objection. 5. The learned counsel for the petitioner vehemently contends that the petitioner is holding Assistant Headmaster of a school and he has been falsely implicated in this case. That, the accused has been detained in judicial custody since 10.10.2025 and granting of bail may not prejudice the investigation. It is also submitted by the learned counsel for the petitioner that in the bail objection, the informant has made baseless allegation without having concrete materials. 6. Case diary, as called for, has been received. 7. The learned Additional Public Prosecutor submits that the victim girl has implicated the petitioner, in her statement before the police as well as learned JMFC and that, the same lends support to the prosecution story. The I/O also filed bail objection. It is also contended by the prosecution that considering the Page No.# 3/3 fact that the petitioner is an Assistant Headmaster of a school in which the victim is studying as such, granting bail at this stage may be detrimental to her interest, apart from affecting the investigation. 8. I have carefully perused the materials of the case diary including the statement of the victim girl. I have perused the narration in the bail objection. I do not find any material prima facie regarding false implication of the petitioner at this stage. On the other hand, prima facie the statement of the prosecutrix before the police as well as the learned JMFC, appears to be consistent. 9. Despite the length of detention, I am of the considered view that it may not be prudent to grant bail to the accused/petitioner at this stage. 10. Accordingly, the bail application stands rejected and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant