Page No.# 1/3 GAHC010193992025 2025:GAU-AS:14475 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2808/2025 DIPU KALITA S/O- MAHENDRA KALITA, VILL.- BANSERIA, P.S. TANGLA, DIST. UDALGURI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:GANPATI RABHA (INFORMANT) S/O- LATE KAKRA RABHA VILL. NO. 1 ALIKASH P.S. TANGLA DIST. UDALGURI ASSA Advocate for the Petitioner : MR M CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 29.10.2025 Page No.# 2/3 Heard Mr. M. Choudhury, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State and Mr. N. Mahajan, learned Amicus Curiae for the respondent no.2. 2. This application has been filed under Section 483 of the BNSS, 2023 seeking regular bail by the petitioner, namely, Dipu Kalita in connection with Special (POCSO) Case No. 25/2025, which is pending for trial before the Court of learned Special Judge, Udalguri. The case arose out of Tangla P.S. Case No.9/2025 registered under Section 65(1) of the BNS, 2023 read with Section 6 of the Protection of Children from Sexual offences Act, 2012. 3. It is submitted by Mr. M. Choudhury that as part of the ongoing trial, both the informant and the victim have already been examined as PW-1 and PW-2 respectively. 4. Scanned copy of the TCR is available. 5. Mr. D.P. Goswami, learned Additional Public Prosecutor for the State and Mr. N. Mahajan, learned Amicus Curiae for the respondent no.2 both submits that the girl is a minor and the birth certificate has been seized and in her statement before the Magistrate as well as during the trial implications emerged against the present accused and therefore, perhaps the bail may be rejected. The accused was stated to be arrested on 05.03.2025 and since then he was in judicial custody. 6. The certified copy of the deposition of the informant and the victim has placed before the Court by the learned counsel for the petitioner. In her deposition sheet, the age of the girl is mentioned as 17 years. 7. Considering the length of detention and the progress of trial, specially the Page No.# 3/3 examination of the victim - despite the adverse materials and the bonafide contentions of the prosecution and the Amicus Curiae - I am of the considered view that the accused can be granted bail at this stage, subject to suitable conditions to address the legitimate concerns. 8. Accordingly, the accused petitioner is hereby allowed to go on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the concerned learned Court, and subject to the following conditions that:- (i) He shall be available for the trial, (ii) He shall not hamper or tamper with the evidence. (iii) He shall not in any manner intimidate or harass or harm the victim/informant and their family members. 9. In case of violation of any or more of the bail conditions, the prosecution or the informant side shall be at liberty to move an appropriate application for cancellation of the bail. 10. This bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant