Page No.# 1/3 GAHC010271492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4045/2025 RATUL DAS S/O-SRI BINU DAS,VILL- MIRI CHAPORI NA PAMIYA,P.O P.S- SADIYA,Dist- TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI DURGESWAR BORAH S/O- LATE- PRAVAT BORAH VILL-3 NO. BORHOLLONGGUTIBARI BHUYA GAON P.O P.S- BORDUMSA DIST- TINSUKIA ASSAM PIN-78612 Advocate for the Petitioner : MR. M ALI, H R KHAN,MR. M R Z CHOUDHURY,MR. J UDDIN Advocate for the Respondent : PP, ASSAM, R KHA (R-2),MR. M I HUSSAIN (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 02.02.2026 1. Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. for the State and Mr. M. I. Hussain, learned counsel Page No.# 2/3 for the respondent No.2. 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, Ratul Das, who was arrested on 07.08.2025 in connection with Bordumsa P.S. Case No. 16/2025 under Section 137(2) BNS, R/W Section 6 of the POCSO Act, corresponding to GR Case No. 270/2025, is seeking bail. 3. The petitioner begs to state that on 02/08/2025 one Sri Durgeswar Borah, S/O- Late Prabhat Borah of 3 No. Borhollong Bhuiyan Gaon, P.S Bordumsa, Dist, Tinsukia, Assam lodged an FIR before the Officer-in-Charge, Bordumsa Police Station alleging inter-alia that on 24/07/2025, his minor daughter namely XXX, aged about 16 years went missing after she had gone to visit her elder sister's residence located at Talpother under Bordumsa Police Station. Later on, the informant came to know through local sources that the petitioner had eloped with his daughter. After receiving the FIR, the Officer-in-Charge, Bordumsa Police Station registered as Bordumsa P.S Case No.16/2025, U/S-137(2) BNS added Section 6 of POCSO Act and starte investigation 4. The petitioner was arrested on 07.08.2025 and since then he has been in custody. 5. A perusal of the statement of the alleged victim aged about 16 years would indicate that she had eloped with the petitioner and also underwent a marriage ceremony with him in the presence of villagers and subsequently they also established a physical relationship. 6. Having regard to the fact that there is no allegation of any forceful intercourse and that the petitioner and the victim were in a love relationship and Page No.# 3/3 also the period of detention of about 6 months, further detention is not warranted. 7. Accordingly, the prayer for bail is allowed. 8. The accused-petitioner, Ratul Das, shall be released on bail of Rs. 50,000/-(Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned Court below in connection with the aforesaid case. 9. It s further provided that the petitioner shall regularly participate in the trial if one commences and shall not try to intimidate or influences the witnesses in any manner. 10. The bail petition is disposed of accordingly. 11. Send back the case diary. JUDGE Comparing Assistant