Page No.# 1/3 GAHC010248632025 2025:GAU-AS:17485 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3737/2025 BIPUL CHANGMAI S/O LT BHUBAN CHANDMAI R/O DEROIHABI PS DEMOW DIST SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PINKI TANTI D/O JAGMOHAN TANTI R/O KISHNABIHARI DIROI HABI GAON PO DEROIHABI PS DEMOW DIST SIVASAGAR ASSAM PIN 78566 Advocate for the Petitioner : MR. K GOGOI, MS. P BORAH Advocate for the Respondent : PP, ASSAM, MS. L DEVI (R-2) BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 15.12.2025 Heard Ms P Borah, learned counsel appearing for the petitioner. Also heard Mr K K Parashar learned Additional Public Prosecutor for the State of Assam. 2. Ms L Devi, learned counsel appears on behalf of the respondent No. 2, who has filed her Vakalatnama today. Registry to attach the Vakalatnama, along with the records of the case in the absence of an objection. 3. This is an application filed under Section 483 of the BNSS, 2023, praying for Page No.# 2/3 granting bail to the petitioner, namely, Sri Bipul Changmai, who was arrested on 26.09.2025, in connection with Demow PS Case No. 66/2025, under Section 64(1) of the BNS, 2023, and later on added Section 6 of the POCSO Act, 2012. 4. The present case has been initiated from an FIR lodged on 23.09.2025, where the informant had alleged that about 8 months ago, the accused had taken advantage of her being a minor and had physical relation with her. The informant further suggested that she got married and after 3 (three) months of their marriage she gave birth to a child. After birth of the child, her husband had ousted her from his house. 5. Learned counsel for the petitioner has submitted that the story projected in the FIR is not correct since in their statements recorded later on, the informant and the victim had made a reference that the child itself was born about 8 (eight) months ago and in various statements made before various authorities, the informant has faltered in making a specific stand as to her age. She has also submitted that the petitioner has been behind bars for the last 81 days, as on today. She has prayed that the petitioner be granted the privilege of bail, at this stage, on the basis of the length of incarceration. 6. The learned Additional Public Prosecutor has submitted that as per records available with him, the informant is aged about 16 years as per School Register, whereas in her statement under Section 183 of the BNSS, 2023, she has mentioned her age to be 18 years, whereas in the FIR she has mentioned her age to be 20 years. 5. The submissions made by the learned counsel for the contesting have been considered. This Court has also considered the defence statement made by the informant and without expressing any opinion on the same, this Court is of the opinion that the petitioner is entitled to the privilege of bail in the present case Page No.# 3/3 under the peculiar circumstances. 6. Accordingly, it is directed that 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 the Special Judge, POCSO, Sivasagar, and also subject to the following conditions:- i. the petitioner shall extend all possible cooperation to the Investigation Officer of said Demow PS Case No. 66/2025 as and when he is required for necessary investigation. ii. the petitioner shall not leave the territorial jurisdiction of Demow Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. the petitioner 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. 7. 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. 8. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant