Page No.# 1/3 GAHC010218782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3169/2025 AJAY RAY ALIAS RAI SON OF SRI NARAYAN RAY, R/O VILLAGE KASHOSHILA, PRAGJYOTISHPUR, KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:CHAMPA BISWAS WIFE OF SRI ARJUN BISWAS R/O GHORAMARA JAANPAR PRAGJYOTISHPUR KAMRUP (METRO) ASSAM PIN- 781037 Advocate for the Petitioner : MR A TALUKDAR, MR. B J TALUKDAR,MR. K MEDHI,MR. DITUL DAS Advocate for the Respondent : PP, ASSAM, MR B CHANDA(R2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11-03-2026 Heard Mr. D. Das, learned counsel for the petitioner and Mr. R. G. Baruah, Page No.# 2/3 learned Addl. Public Prosecutor, Assam as well as Mr. B. Chandra, learned counsel for the respondent No. 2. By this application, the petitioner, namely, Ajay Ray @ Rai, has prayed for grant of bail in connection with Sessions (Special) Case No. 85/2025 under Sections 87/64(1) of BNS, 2023 read with Section 6 of the POCSO Act, arising out of Pragjyotishpur P.S. Case No. 29/2025. The FIR dated 18.03.2025 lodged by the mother of the victim reveals that when she was unable to find her 16 years’ old daughter and on search being made, she received the information that her daughter has been taken away by the petitioner and that her daughter was in the house of the petitioner and she categorically stated that her daughter was minor. Mr. D. Das, learned counsel for the petitioner submits that the victim and the petitioner were engaged in a love relationship and that out of the same, the daughter went away along with petitioner. He further submits that during the trial, the victim daughter had given deposition wherein she has stated that she had gone with the petitioner out of love affair. Mr. B. Chandra, learned counsel for the respondent No. 2 states that it is a fact that the petitioner and the victim are involved in a romantic relationship. However, since the victim is a minor, her consent will not matter. Mr. R. G. Baruah, learned Addl. Public Prosecutor, however, submits that the petitioner knows that the victim is a minor girl of 16 years and that he should not be taken her to his house. On considering the submissions made by the learned counsels for the parties, more so due to the fact that the petitioner has been inside the jail for almost one year, this Court deems it fit that the petitioner, named above, be released on bail on Page No.# 3/3 furnishing bail bond of Rs.20,000/- with one local surety of like amount to the satisfaction of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), at Guwahati, subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; ii) That the accused petitioner 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 him from disclosing such facts to the Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission. The bail application is disposed of. JUDGE Comparing Assistant