Page No.# 1/5 GAHC010228112025 2025:GAU-AS:16410 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3377/2025 PRABASH DOLEY @ SRI PRABHAS DOLEY S/O BOKUL DOLEY, R/O VIL - TANDANG MISSING GAON, P.S. BOGINADI, PIN - 787032, DISTRICT - LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY P.P. ASSAM 2:PUNYA PEGU S/O LATE UTIRAM PEGU R/O VILL - KARAKANI P.S. - BOGINADI DISTRICT - LAKHIMPUR ASSA Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.12.2025 Heard Ms. S.G. Baruah, learned counsel appearing for the accused – applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Page No.# 2/5 Assam appearing for the respondent no. 1 and Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent no. 2. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant, namely, Prabash Doley @ Sri Prabhas Doley in connection with Special (POCSO) Case No. 130/2025 under Section 65(1) of BNS Act, 2023 read with Section 6 of POCSO Act pending before the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. The allegation against the accused – applicant in the FIR lodged on 03.06.2025 by the father of the victim girl is that his daughter, aged about 15 years, was lured by the accused – applicant on promise of marriage committed illegal sexual assault on her and because of that she got pregnant. It was also alleged that on questioning, his daughter has admitted of illegal act committed by the accused – applicant. On receipt of the FIR, the O/C of the Boginadi Police Station has registered a case being Boginadi Police Station Case No. 30/2025 corresponding to G.R. Case No. 520/2025 under section 65(1) of BNS Act, 2023 read with Section 6 of POCSO Act. The accused – applicant was accordingly arrested on 06.06.2025 and since then, he is behind the bars for the last 177 days. 4. After filing of the Charge-Sheet vide Charge Sheet No. 33/2025 on 26.06.2025 and framing of charges, the trial had begun. 5. TCR in the instant matter has been received by this Court and the same has duly perused. It is seen that during the trial, examination and cross- examination of the PW1 and PW2 i.e. the victim girl and her father had already been completed. 6. The learned counsel appearing for the accused – applicant submits that Page No.# 3/5 the accused – applicant has no way committed any alleged offence and in fact, the accused – applicant has been named and arrested due to his past love affairs with the victim girl. She submits that the accused – applicant was arrested on suspicion and due to the fact that the parents of the accused – applicant had refused to get the victim girl married to the accused - applicant when they found the girl pregnant. She further submits that there are relevant material contradictions in the examination and cross-examination of the victim girl which are revealed from the records. She submits that such material contradictions in the version of the victim girl makes are version doubtful. She submits that such materials contradictions go to the very root of the matter by making the version and allegation of the victim unreliable. She further submits that since the examination and cross-examination of the victim girl have already been completed and the accused – applicant, aged about 23 years old, is languishing in jail, this Court should consider the prayer for bail of the accused – applicant. 7. Mr. Parasar, learned Additional Public Prosecutor, Assam submits that there are corroborating materials about the victim girl being raped by the accused – applicant and since the trial is going on a reasonable speed, it is not a stage for granting bail to the accused - applicant. 8. The learned Additional Public Prosecutor has also referred to the case of X. Vs. State of Rajasthan and Anr. [SLP(Criminal) No. 13378/2024] wherein the Hon’ble Supreme Court observed that ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused. Therefore, at this stage, the accused – applicant should not be released on bail. Page No.# 4/5 9. Mr. Nawaz, learned counsel appearing for the respondent no. 2 submits that there are certain discrepancies during the examination and cross- examination of the victim girl. However, after looking into the allegations of the victim girl, the prayer for bail of the accused – applicant should not be granted at this stage. 10. This Court has gone through the materials including the depositions of the victim girl and her father and the records of the learned Trial Court. This Court has considered the rival submission advanced by the respective counsel appearing for the parties. This Court has also considered the case that has been referred to by the learned Additional Public Prosecutor. It is seen that the factual matrix of the referred case is different than the case on hand, to the effect that there was an eye witness in the above referred case which was yet to be examined by the prosecution. It is further seen that the victim girl was also not examined at that point of time. Therefore, this Court is of the view that the above referred case may not be relevant to the facts of the instant case. 11. It is seen that the accused – applicant is a 23 years old and the victim girl is a minor one. It is also seen that there was a love affair between the victim girl and the accused – applicant prior to the occurrence of the alleged incident. It is also seen that there was an attempt made by the parent of the victim girl for marriage with the accused – applicant, which the parent of the accused – applicant refused. Taking into consideration the whole materials on record and without commenting anything on the merits of the case, this Court is prima facie opinion that justice will be met if the accused – applicant is released on bail at this stage with certain strict conditions. 12. Therefore, the above named accused – applicant is directed to be released forthwith on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Page No.# 5/5 Thousand) with one surety of like nature to the satisfaction of the learned Court of Special Judge (POCSO), Lakhimpur, North Lakhimpur, subject to the following conditions: - (1) That the accused-applicant shall appear before the Trial Court as and when required; (2) The accused-applicant shall not leave the jurisdiction of the Boginadi Police Station without prior permission from the learned Court of Special Judge (POCSO), Lakhimpur, North Lakhimpur; (3) The accused – applicant shall not try to get in touch with either the victim girl or her family members in any way, whatsoever, during the trial of the case; (4) The accused-applicant shall not try to hamper or tamper with any evidence or influence any witnesses connected with the case. 13. Accordingly, the instant bail application is disposed of as allowed. Case Diary so received to be sent back. JUDGE Comparing Assistant