Page No.# 1/4 GAHC010215092025 2025:GAU-AS:16308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3186/2025 SRI KRISHNA MADHUR DOLEY ALIAS KRISHNA DOLEY S/O- LATE MOTIRAM DOLEY, RESIDENT OF DILAPAKHARA, P.O.- KAMDEWAL, P.S- GOHPUR, DIST-BISWANATH, ASSAM, PIN-784169. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:SMT PURNIMA DOLEY PEGU W/O- SRI RAJEN PEGU RESIDENT OF DILAPAKHARA P.O.-KAMDEWAL P.S- GOHPUR DIST-BISWANATH ASSAM PIN-784169 Advocate for the Petitioner : MR. L GOGOI, MR. U CHOUDHURY,MR. B M CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR P NEOG, (R-2), BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr B M Choudhury, learned counsel appearing for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam; Page No.# 2/4 and Mr P Neog, learned counsel appearing on behalf of the informant. 2. This application has been filed under Section 483 of the BNSS, 2023, praying for granting of bail to the petitioner, namely, Sri Krishna Madhur Doley @ Krishna Doley, who was arrested on 10.07.2025, in connection with Biswanath Special (POCSO) Case No. 67/2025, and Gohpur PS Case No. 71/2025, under Sections 64 (1)/88/89/238 (a), 3 (5) of the BNS, 2023, read with Sections 6/21 of the POCSO Act, 2012, and read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. It has been submitted that the petitioner suffered a cerebral stroke on the 1st of November, 2025, and, thereafter, he was required to be hospitalized in the Cardiothoracic and Neurosciences Centre, Gauhati Medical College and Hospital, after being referred by the Biswanath Chariali Civil Hospital. He was discharged from Guwahati, on 13.11.2025 and was admitted in Biswanath Chariali Civil Hospital, for continuous monitoring and caring, till 20.11.2025, the date on which the medical report has been submitted by the Medical and Health Officer –I, District Jail, Biswanath Chariali, Assam. 4. The learned Additional Public Prosecutor and the learned counsel appearing for the informant have submitted that although they would have serious objections to the bail petition being considered on merits, however, given the medical condition of the petitioner, it is apparent that he would be requiring constant medical attention to revive. 5. In view of the records available before this Court, this Court is of the considered opinion that the petitioner may be allowed the privilege of bail. Accordingly, the petitioner shall be enlarged on bail, subject to furnishing a bond of Rs. 50,000/-, with 2 (two) sureties of the like amount to the satisfaction of Page No.# 3/4 the Special Court, Biswanath Chariali, and also subject to the following conditions:- i. shall extend all possible cooperation to the Investigation Officer of said Gohpur PS Case No. 67/2025 as and when he is required for necessary investigation, subject to restrictions on medical grounds; ii. shall not leave the territorial jurisdiction of Gohpur Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. shall not hamper with the investigation, or tamper with the evidence of the case; iv. 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 them from disclosing such facts to the Court or to any Police Officer; v. shall not involve himself in any criminal activities in future; and vi. the petitioner or his family members or friends or any person acting on his behalf shall not, in any manner, interact with the victim or the family of the victim. 6. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid case, shall stand liable to be revoked. 7. It is made clear that this bail has been granted due to the medical condition being suffered by the petitioner and on his discharge from the hospital, the petitioner shall appear before the learned Trial Court and the learned Trial Court would be at liberty to allow the petitioner to remain on bail, Page No.# 4/4 and/or to impose such conditions that may be necessary to ensure participation of the petitioner in the investigation/trial proceedings. 12. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant