Page No.# 1/4 GAHC010233462025 2025:GAU-AS:17368 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3448/2025 DILLIRAM NIROULA ALIAS DILLIRAM NIROLA ALIAS SHRI DILLIRAM NIROULA UPADHAYA S/O LATE JAYNARAYAN NIROULA UPADHAYA, R/O VILLAGE - BALAGAON BAZAR, NEPALI BASTI, NEAR BODOLAND UNIVERSITY, P.S. - KOKRAJHAR, PIN - 783370, DIST. - KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:KAPILA CHETRY W/O UTTAM KR. CHETRY R/O - VILLAGE - BALAGAON PT-1 NEPALI BASTI P.S. - KOKRAJHAR PIN - 783370 DIST. - KOKRAJHAR ASSAM Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, MR P TALUKDAR (R-2),MR W R MEDHI(R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.12 .2025 Page No.# 2/4 Heard Ms. S. G. Baruah, learned counsel appearing for the accused applicant. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State, as well as Mr. W.R. Medhi, learned counsel appearing for respondent No. 2. 2. This is an application under Section 483 of the BNSS, 2023, seeking bail for the accused/applicant in connection with Kokrajhar Police Station Case No. 223/2025, corresponding to G.R. Case No. 469/2025, registered under Section 75(1) of the BNSS, 2023, read with Section 8 of the POCSO Act. 3. The gist of the allegation as alleged in the FIR dated 25.09.2025 is that on 25.09.2025 at about 5.30 pm, while the complainant was busy attending certain persons from the Electricity Department near the meter box located in house of the informant, the accused applicant being outside, allegedly inappropriately touched the minor girl of the informant. 4. In view of the aforesaid FIR, the Police registered Kokrajhar Police Station Case No. 223/2025 under the aforementioned Sections. 5. In the instant case, the Charge Sheet has been filed on 24.10.2025, being Charge Sheet No. 203/2025, however, the charge is yet to be framed. 6. TCR in the instant case in connection with Special Case No. 18/2025 has Page No.# 3/4 been received and the same is perused. 7. The learned counsel appearing for the accused applicant submits that the accused applicant was arrested on 24.10.2025 and for the last 81 days, he is behind the bars. The learned counsel further submits that the accused applicant was arrested for no fault of his and the accused has not committed any offence as alleged in the FIR. He submits that the FIR has been filed only on the basis of certain misunderstanding under suspicion. She submits that the accused applicant is having some medical issues, which requires immediate medical attention. 8. The learned APP for the State however, submits that there are incriminating materials against the accused applicant therefore, he opposes the aforesaid bail application. 9. Mr. W. R. Medhi, learned counsel for the Respondent No. 2, submits that there are incriminating materials against the accused applicant and the accused applicant is infact, a habitual offender. Therefore, he opposes granting of any bail to the accused applicant. 10. This Court has gone through the TCR that has been produced before this Court as well as heard the submissions made on behalf of the respective parties. This is seen that the charge in the instant case is yet to be framed and Page No.# 4/4 taking into account the materials available before this Court, this Court is of the opinion that at this stage the bail to the accused applicant should not be granted. 11. Accordingly, the instant bail application is rejected at this stage. JUDGE Comparing Assistant