Page No.# 1/2 GAHC040016692025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/121/2025 Reri Kirbe Dulom Son of Shri Takir Dulom, permanent resident of Dulom Village, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the PP of AP 2:Miss Y Age: 0 Occupation : Daughter o Shri Suisa Wangsu permanent resident of Ponchau Village PO and PS Ponchau Longding District Arunachal Pradesh Advocate for the Petitioner : Rajesh Sonar, M Basar,Khyoda Yayo,Kipa Tagar,Michi Khambo,Binny Nyaruce,R Taku Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 26-09-2025 1. Heard Mr. R. Sonar, learned counsel for the petitioner and Mr. K. Ate, learned Additional Public Prosecutor, Arunachal Pradesh for the opposite Page No.# 2/2 party/respondent. 2. This is second application filed under Section 483 BNSS, 2023 for release of the accused, namely, Sh. Terkey Dulom @ David, who was arrested on 30.10.2024 in connection with LDG/PS/Case No. 48/2024, registered under Sections 64/96/143(1) (f)/61(1)(a)/3(5) of BNS, 2023 read with Sections 3/5 of Immoral Traffic Prevention Act and Section 6 of POCSO Act, 2012. Charge-sheet was filed and the accused is also facing trial. 3. The present application is filed primarily on the ground of the health condition of the accused; secondly that the accused or his family members were not served with grounds of arrest at the time of arrest. Therefore, the accused is entitled for bail in terms of the ratio laid down by the Hon’ble Apex Court in Vihaan Kumar Vs. State of Haryana and Another reported in 2025 SCC Online SC 269 . 4. Learned counsel for the petitioner submits that he may be allowed to withdraw this application with a liberty to approach the learned Trial Court seeking bail, inasmuch as, though the application was earlier rejected and the grounds are new grounds, the petitioner/accused can very well approach the learned Trial Court with the aforesaid grounds. 5. Accordingly, the present bail application stands closed on withdrawal with liberty as prayed for. 6. In the event of such application is filed, the same may be decided as per law. JUDGE Comparing Assistant