Page No.# 1/3 GAHC010227142025 2025:GAU-AS:15897 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3315/2025 BIKASH CHETIA S/O TEPURAM CHETIA RESIDENT OF DOLOBARI, PS GELAKEY, DISTRICT SIVASAGAR, ASSAM, PH-9577726468 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:NOMITA PHUKON (MOTHER OF THE VICTIM) W/O ROBIN PHUKAN RESIDENT OF LUKHURAKHON PS TINGALIBAM DISTRICT CHARAIDEO ASSAM 3:MINSHRI GOGOI (CHO OF AYUSHMAN AROGYA MANDIR PEOLI PHUKHON) W/O BIRAJ BURAGOHAIN RESIDENT OF MAIBELLA PS MATHURAPUR DISTRICT CHARAIDEO ASSA Advocate for the Petitioner : MR D MEDHI, MR. J N SUWAI,MR P SONOWAL Advocate for the Respondent : PP, ASSAM, MR P BHATTACHARJYA (R-2),MR. N MAHAJAN, (AMICUS CURIAE FOR R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 21.11.2025 Heard Mr. K. Thakur, learned counsel for the petitioner. Also heard Ms. S. Bora, learned Addl. P.P. appearing for the State respondents and Mr. D. Bora, learned counsel for the respondent no.2 and Mr. P. Bhattacharyya, learned counsel appearing for the respondent no.2. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Bikash Chetia, has prayed for bail in connection with Gelakey P.S. Case No.35/2025, registered under Section 9 of Prohibition of Child Marriage Act, 2006, R/W Section 6 of POCSO Act, 2012. The petitioner was arrested on 19.05.2025. 3. The case arose out of an FIR dated 16.09.2025, lodged by one Minshri Gogoi, on behalf of CHO of Ayushman Arogya Mandir, in that area, with the allegation that the wife of the accused, herein aged 16 years was found 9 months pregnant and therefore, this information is being given regarding that allegation. 4. The case is stated to be at the stage of investigation. The case diary was called for and has been received. Investigation is not yet completed. 5. The learned additional P.P. opposing the bail and submits that investigation is in progress and prima facie, the materials reveal that the minor victim was married to the accused. The learned counsel for the victim submits that at this Page No.# 3/3 stage, he does not have objection to the grant of bail, as the accused and the victim are living as husband and wife and they also have a minor child. 6. In the given facts and circumstances and also considering the length of the under trial detention undergone already by the petitioner, since (19.05.2025), I am of the considered view that it would be reasonable to grant bail to him at this stage. 7. In such view of the matter, the accused person is allowed to go bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the concerned learned Court and subject to the following conditions that:- (i) That the accused person shall co-operate with the remaining investigation; (ii) That the accused shall not hamper or tamper with evidence, (iii) That the accused person shall co-operate with the process of law. 8. This bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant