Page No.# 1/4 GAHC010272872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3995/2025 NABAJIT DEKA S/O SRI JATIN DEKA R/O VILL- TETELIA, P.O. GANDHINAGAR, P.S. KHETRI DIST. KAMRUP (METRO), ASSAM, PIN-782403. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:XXXX XXXX (VICTIM REPRESENTED BY HER MOTHER SMTI. PRABHATI MANDAL WIFE OF LATE HARI BHAKTA MANDAL RESIDENT OF VILL- MITANI P.O. GANDHINAGAR P.S. KHETRI DIST. KAMRUP (METRO) ASSAM PIN-78240 Advocate for the Petitioner : MR. M K BORO, MS. D.K. MAHATO Advocate for the Respondent : PP, ASSAM, MR A KHANIKAR (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.01.2026 Heard Mr. M.K. Boro, learned counsel, appearing for the petitioner. 2. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam as well as Mr. A. Khanikar, learned counsel for the respondent no.2. 3. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Nabajit Deka, in connection with Sessions (Spl) Case No.202/2025 arising out of Khetri P.S. Case No.68/2025 registered under Section 65(1) of the BNS, 2023 read with Sections 6/7/21 of POCSO Act pending in the Court of learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), Guwahati. 4. The learned counsel for the petitioner has submitted that the petitioner was arrested on 21.07.2025 on the basis of an FIR lodged by the Secretary of the Gaon Panchayat, who had informed the police that the Medical Officer had informed him that a girl of 16 years was pregnant. On taking up the investigation, the petitioner who was having a marital relationship with the alleged victim was taken into custody. 5. Mr. A. Khanikar, learned counsel for the respondent no.2 has submitted that the petitioner is the husband of the alleged victim and a male child was Page No.# 3/4 also born on 25.08.2025. He has submitted that the alleged victim is under no threat from the petitioner since they are husband and wife. 6. He has further submitted that that the release of the petitioner on bail will not hamper or tamper the investigation or dissuade the alleged victim from making true statements during the investigation. 7. We have gone through the contents be available to us. 8. In the circumstances, this Court is of the opinion that the petitioner can be allowed the privilege of bail. Accordingly, this Court, therefore, directs that the petitioner be released on bail on furnishing a bond of Rs. 30,000/- with two suitable sureties of the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), subject with following conditions : (i) The petitioner shall not leave the territorial jurisdiction of investigating officer and/or the Learned Special Judge without prior written permission; (ii) The petitioner shall not hamper and tamper with the evidence of the case; (iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; Page No.# 4/4 (iv) The petitioner shall appear before the investigating authority and/or the learned Special Judge as and when required to do so; (v) The Learned Special Judge shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation; 9. The disposal of this bail application will not influence the investigation of trial in any manner. 10. The Bail Application stands disposed of. JUDGE Comparing Assistant