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2025 DAILYLAW 26960 (GAU)

SRI RAJU DAS v. THE STATE OF ASSAM AND ANR

Bail Appln./3817/2025 · 2025-12-08

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010261912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3817/2025 SRI RAJU DAS SON OF BIPUL DAS, RESIDENT OF BARUABARI, SONAPUR, P.S. - SONAPUR, DISTRICT - KAMRUP (METRO), ASSAM PIN -782402. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP,ASSAM 2:SMT. SANDHYA BISWAS W/O SRI TUTAN BISWAS RESIDENT OF VILLL- BARUABARI P.S. SONAPUR DIST. KAMRUP (METRO) ASSA Advocate for the Petitioner : MR. T N DAS, MS PURABI DEKA,MR KRISHNANGSHU B,MS JUTISMITA DAS Advocate for the Respondent : PP, ASSAM, MR U GHOSH (R-2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Ms. P. Deka, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State Page No.# 2/3 and Mr. U. Ghosh, learned counsel appearing for the respondent No.2. This is an application under Section 483 of the BNSS, 2023 praying for bail to the petitioner, viz., Sri Raju Das in connection with Sessions (Spl.) Case No.154/2025 under Section 65(1) of the BNS, 2023 read with Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 and Section 6 of the POCSO Act, 2012. The F.I.R. was lodged on 02.07.2025 alleging that the accused/petitioner had eloped with the minor daughter of the informant. The case has been charge-sheeted and the victim and the informant have been examined and cross-examined during trial. The learned counsel for the respondent No.2 submits that he is under instruction that there would be no objection if the accused is released on bail at this stage and in fact in the cross-examination of the informant, the informant also she has expressed that she has no objection to the bail if granted by the Court considering the young age of the accused and the stage of the trial where the victim and the informant have already been examined. We have gone through the materials available on record and find that the petitioner has been in incarceration with effect from 03.07.2025. In view of the aforesaid facts and circumstances of this case, this Court is of the opinion that this is a fit case where the petitioner may be allowed Page No.# 3/3 to go on bail. Accordingly, it is directed that the petitioner may be enlarged on bail on furnishing a bail bond of Rs.15,000/- with two sureties of like nature to the satisfaction of the learned Special Judge (POCSO), Kamrup(M), subject to the following conditions :- (1) That the petitioner shall regularly appear during the trial and shall not try to influence or intimidate the witnesses in any manner; (2) That the petitioner shall not commit any offence while on bail. (3) That the petitioner shall not leave the jurisdiction of the learned Special Judge (POCSO), Kamrup(M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant