Page No.# 1/4 GAHC010185902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1996/2025 SUMITA CHAKRABORTY D/O. SRI SUBIR CHAKRABORTY, R/O. MISSIONPARA, P/O. AND P/S. AND DIST. TINSUKIA, PIN-786125, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. 2:Sunil Agarwal S/O Late Jugal Kishore Agarwal R/O Mohan Singh Lane Rangagora Road Tinsukia P.O P.S and District- Tinsukia Pin- 78612 Advocate for the Petitioner : PRIYANKA DAS, MR A J GHOSH,MR. A R SHOME Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY,Amicus Curiac (R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 05.12.2025 Heard Mr. A. J. Ghosh, learned counsel for the accused-applicant. Also heard Mr. Page No.# 2/4 B. Sharma, learned Addl. Public Prosecutor, representing the State respondent. 2. This application has been filed by the applicant, namely, Sumita Chakraborty, under Section 482 of the BNSS, 2023, who is apprehending her arrest in connection with Tinsukia P.S. Case No. 224/2025, registered under Sections 336(3)/340(2) of the BNS, 2023, read with section 8 of the POCSO Act. 3. The brief fact of the case as alleged in the FIR dated 20.06.2025, by the father of the victim boy is that, his son, who is a minor by age, was found to be in close contact with the accused-applicant and it was alleged that the accused-applicant being a major was in a physical relationship with his son. During a search in his mobile phone, the informant has found various objectionable photographs involving his son as well as the accused-applicant. It is also alleged that there were several text conversations found which indicates sexual relationship between the minor boy and the accused-applicant. 4. On receipt of the FIR, the police filed Tinsukia P.S. Case No. 224/2025, registered under the aforementioned Sections. 5. The learned counsel for the accused-applicant submits that the accused-applicant is a lady and she is not involved in any such sexual activity as alleged in the FIR. Further, the learned counsel submits that the accused-applicant was, in fact, in a love relationship with the victim boy and there was no involvement of sexual activity as such, though there may be certain photographs of her along with the victim boy. 6. This Court has gone through the Case Diary submitted as well as heard the submissions of the learned counsel appearing for the respective parties. 7. On perusal of the Case Diary, it is found that the victim boy is about 17 years of age and he himself had admitted in a very clear terms that he is involved in a love relationship with the accused-applicant. From the statement of the victim boy, it is prima facie seen that the victim boy was in love relationship with the accused-applicant and his parents, after getting to know about the relationship, opposed the relationship due to the Page No.# 3/4 age difference in between the two persons. 8. After considering the materials placed on record and looking into the age of the victim boy as well as the accused-applicant, it is prima facie found that custodial detention of the accused-applicant may not be required in the instant case, if the accused-applicant is willing to co-operate with the investigation of the matter. 9. The learned counsel for the accused-applicant submits that the accused-applicant will fully co-operate with the investigation by appearing before the investigating authority as and when required and called for. 10. The learned Addl. P.P. has also submitted that the custodial detention may not be required at this stage. 11. Taking into view the entire aspects of the matter and the submissions made by the learned counsel for the accused-applicant, this court is of the considered opinion that at this stage, the accused-applicant sould be granted the privilege of pre-arrest bail. 12. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with the Tinsukia P.S. Case No. 224/2025, registered under Sections 336(3)/340(2) of the BNS, 2023, read with section 8 of the POCSO Act, she shall be released on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with a surety of like nature to the satisfaction of the concerned Investigating Officer in connection with the aforementioned case, subject to the following conditions: - (i) that the accused-applicant shall appear before the Investigating Officer within a period of 10 days of passing of this order and shall co-operate with the investigation and make herself available before the investigating authorities as and when required. (ii) that the accused-applicant shall not, directly or indirectly, make any attempt to influence witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade them from disclosing such facts to the investigating authority. Page No.# 4/4 (iii) that the accused-applicant shall not try to get in touch with the victim boy or any of his family members, whatsoever, in the instant case. 13. In view of the aforesaid directions, the instant Anticipatory Bail Application is disposed of as allowed. 14. CD to be sent back immediately. JUDGE Comparing Assistant