Page No.# 1/4 GAHC040008142025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/60/2025 Nyari Aniya Son of Late Nyari Tukak, resident of P Sector, Near Urban Quarter, Nirjuli, PO and PS Nirjuli, Papum Pare District, Arunachal Pradesh 791109 VERSUS The State of AP and Anr represented by the PP of AP 2:Miss XXX Age: 0 Occupation : Daughter of Godak Dukum resident of 6 Kilo near Fujin Bar Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Taying Nega, Migo Laye,Bamang Tatung,Gyamar Jeevan,Sumit Chhetri Advocate for the Respondent : P P of AP, Risso Aking BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 09.06.2025 Heard Mr. S. Chhetri, learned counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State and Mr. T. Rar, learned Page No.# 2/4 counsel for the complainant. 2. This is an application filed under Section 483 of the BNSS, 2023 praying for release of the accused, namely Shri Nyari Tugu @ Nanu, on bail, who was arrested on 19.05.2025 in connection with Itanagar Women Police Station Case No.34/2025 under Sections 137(2)/3(5) of BNS, 2023 read with Section 4(1) of the Protection of Children from Sexual Offences Act, 2012. 3. The case of the accused is that on 17.05.2025, one Shri Dari Raju lodged an FIR before the Officer-in-Charge, Itanagar Women Police Station, alleging that on 17.05.2025 at around 01:30 AM, the complainant’s underage niece was allegedly kidnapped by 3-4 miscreants from the complainant’s residence located at 6-kilo near Fujin Bar, Itanagar. The victim was reportedly forcibly taken away in a vehicle. 4. On receipt of the above FIR, a case being Itanagar Women Police Station Case No.34/2025 under Sections 137(2)/3(5) of BNS, 2023 read with Section 4(1) of the POCSO Act, 2012 was registered and investigated into. 5. Case Diary as well as the Status report as called for, have been produced and I have perused the same. 6. Mr. Chhetri, learned counsel for the applicant submits that the present accused is innocent and has been falsely implicated in the present case and that, there is no direct allegation of active involvement against the present accused in the commission of the alleged offence. He submits that the alleged co-accused, Tadar Seba and the present alleged accused were merely sitting outside the verandah of another room at the relevant Page No.# 3/4 time. He further submits that the co-accused, Tadar Seba has already been enlarged on bail, being a juvenile by the Juvenile Justice Board on 13.05.2025. 7. Mr. Chhetri, learned counsel submits that the accused is a young student who has recently appeared his Class X examination and is only 18 years of age. The learned counsel for the applicant also submits that since the accused is languishing in the jail since 19.05.2025, and is co-operating with the police and the investigation has been completed by now, the accused may be released on bail. 8. Heard the submissions of the learned counsel for the parties and I have also perused the documents available on record. 9. The records reveals that in her statement recorded under Section 183 of the BNS, 2023, the victim has made allegation against the main accused Shri Arpan Thapa and did not implicate anything against the present accused, Nyari Tugu @ Nanu. The I.O. of the case in his status report stated that the investigation of the case is almost complete and as such, custodial remand of the present accused is no longer required. The applicant’s counsel also submits that in the event of release of the accused, the accused is ready and willing to co-operate with the investigation as well as the trial of the case 10. Considering the nature of allegation and the fact of the case as stated above and also considering the materials placed on record, and also taking note of the facts that the I.O. of the case has clearly stated that further custodial remand of the present accused is no longer required, this Court is of the opinion that that the bail prayer of the present accused for Page No.# 4/4 his release can be considered with certain conditions. 11. Accordingly, the accused, namely, Shri Nyari Tugu @ Nanu is directed to be released on bail in connection with Itanagar Women Police Station Case No.34/2025 under Sections 137(2)/3(5) of BNS, 2023 read with Section 4(1) of the Protection of Children from Sexual Offences Act, 2012, on furnishing a bail bond of Rs.10,000/-(Rupees Ten thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, (POCSO Act), Yupia, on the following conditions: (i) that the accused shall co-operate with the investigation and shall appear before the Investigating Officer of the case as and when called for; (ii) that the accused shall not hamper or tamper with the evidence(s) and the witness(s) of the case; and (iii) that the accused shall not directly or indirectly make any threat or inducement to any person with the knowledge of the facts to dissuade from disclosing such facts. 12. The Bail application stands allowed and disposed of. Return the CD. JUDGE Comparing Assistant