Page No.# 1/4 GAHC010216452025 2025:GAU-AS:17604 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3149/2025 BIKASH BORAH ALIAS SANDITTA BORAH ALIAS PUTOU SON OF PRAMUD BORAH VILL- GABHARU TUNIJAN, P.O. GABHARU TUNIJAN, P.S. LALUK DIST. LAKHIMPUR, ASSAM PIN-784160. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MRS. RINKUMONI PHUKAN W/O NAGEN PHUKAN VILL- GABHARU TUNIJAN P.O. GABHARU TUNIJAN P.S. LALUK DIST. LAKHIMPUR ASSAM (VICTIM MOTHER) Advocate for the Petitioner : MR D J BORO, M. K. BORAH Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.12.2025 Heard Mr. D. J. Boro, learned counsel appearing for the accused Page No.# 2/4 applicant. Also heard Mr. P. Borthakur, learned Addl. PP appearing for the State of Assam as well as Ms. B. Choudhury, learned Amicus Curiae appearing for the respondent No. 2. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting of regular bail to the accused applicant in connection with Laluk P.S. Case No. 180/2025 registered under Sections 137 (2) /115 (2) / 74 /75 (2) of the BNSS, 2023 read with Section 10 of POCSO Act read with Special (POCSO) Case No. 175/2025 which has been registered as Special POCSO Case No. 175/2025. 3. The gist of the allegation as alleged in the FIR dated 05.09.2025 is that on 04.09.2025 when the informant’s minor daughter aged about 7 years was coming from Anganwadi School to home, the accused applicant took her away to a nearby forest by touching her body for committing illegal acts. It was also alleged that due to gagging of her mouth and squeezing in the neck, the informant’s daughter suffered grievous injury. On hearing the cry of the girl, 2 (two) persons came and the accused applicant fled away from the spot. 4. The learned counsel appearing for the accused applicant submits that though there is an allegation of taking her away to the jungle and some people had allegedly seen her coming out of the jungle and there was no allegation of any sexual assault either in the FIR as well as in the forwarding report that has been submitted by the Police. He submits that since there is no allegation of sexual assault which has been defined Page No.# 3/4 under Section 7 of the POCSO Act, the case ought not to have been registered under the POCSO Act. He submits that the accused applicant has been arrested on 05.09.2025 and since then, he has been languishing behind the bar for more than 104 days. He further submits that the accused applicant is a young boy of just 18 years who is yet to attain his majority and taking into account all the facts and circumstances of the case into it’s entirety, this Court should allow the accused applicant to go on bail, at this stage. 5. Mr. P. Borthakur, learned Addl. PP for the State submits that looking into the age of the victim girl as well as that 2 (two) persons have seen the victim girl coming out from the jungle, the offences as alleged against the accused applicant are present and therefore, the bail, at this stage, should not be granted. 6. On the other hand, Ms. B. Choudhury, learned Amicus Curiae supports the submission made by the learned Addl. PP in the instant case. 7. This Court has gone through the records brought before this Court and the statements of the victim girl as well as the other witnesses available in the TCR which has been produced before this Court. 8. After perusal of the materials placed before this Court, this Court is of the prima facie opinion that since there is no element of any sexual assault on the victim girl and in view of the aforesaid prima facie opinion, this Court is of the considered opinion that the allegation against the Page No.# 4/4 accused applicant under the POCSO Act, at this stage, may not be correct. 9. In view of the aforesaid factual matrix, this Court is of the considered opinion that since the accused applicant is a young boy of only 18 years and he is yet to attain his majority as well as the period of detention already undergone by the accused applicant, this Court is of the considered view that the accused applicant should be granted with the privilege of bail, at this stage. 10. Accordingly, the accused applicant, namely, Bikash Borah @ Sanditta Borah @ Putou shall be released on bail forthwith on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the learned Special Judge (POCSO), Lakhimpur. However, the bail order shall be subject to the following conditions:- (i) that the accused applicant shall co-operate with the trial; (ii) that the accused applicant shall not try to contact with the victim girl or any of his family members in whatsoever manner; and (iii) that the accused applicant shall not hamper or tamper with the trial in the instant case. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant