Page No.# 1/5 GAHC010004412025 2025:GAU-AS:1650 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./88/2025 DHANESWAR BARMAN SON OF SRI BABUL BARMAN RESIDENT OF VILLAGE PUB-GUWABARI P.O AND P.S TAMULPUR, PIN-781367 DISTRICT - TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JIBAN BARMAN SON OF SRI ANIL BARMAN RESIDENT OF VILLAGE PUB-GUWABARI P.O AND P.S TAMULPUR PIN-781367 DISTRICT - TAMULPUR ASSA Advocate for the Petitioner : MR. A PAUL, Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.02.2025 1. Heard Mr. A. Paul, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, Assam and Ms. M.K. Brown, the learned Amicus Curiae for the respondent No. 2. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Dhaneswar Barman, who has been detained behind the bars since 19.05.2024 (for more than 08 months), in connection with Special (POCSO) P.S. Case No. 77/2024, pending in the Court of the learned Special Judge (POCSO) Baksa, Mushalpur. 3. The gist of accusation against the present petitioner, in brief, is that on 18.05.2024, the brother of the victim girl had lodged an FIR before the Officer-In-Charge of Nagrijuli Police Station, inter-alia, alleging that on 05.05.2024, the younger sister of the informant was induced by the petitioner and thereafter, she was subjected to rape by the petitioner. 4. The learned counsel for the petitioner has submitted that the evidence of the victim girl has already been recorded by the Trial Court. He also submits that there are inconsistencies in the testimony of the victim girl, with her previous statement. 5. He further submits that even the medical report of the victim girl Page No.# 3/5 does not indicate any forceful physical intercourse with her and no injury has been found on her person. He submits that apart from the merit of this case, the fact that the petitioner has been languishing behind the bars for the last 8(eight) months and till date, only 1(one) witness has been examined, is itself sufficient to entitle him to get bail in this case. 6. On the other hand, the learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioner on the ground that the offence involved in this case is of serious nature and there are other material witnesses, yet to be examined and if the petitioner is released at this stage, he may influence the witnesses. 7. Ms. M.K. Brown, the learned Amicus Curiae appearing for the respondent No. 2 also submitted that though the victim girl has been examined, the informant is not yet examined and the prayer for bail may be considered after examination of the informant. 8. I have considered the submissions made by the learned counsel for both the sides and have gone through the records of scanned copy of the records of Special (POCSO) P.S. Case No. 77/2024. 9. It appears that till date only 1(one) witness has been examined by the prosecution side. However, the said witness is the victim girl herself. It also appears that the petitioner has been detained behind the bars for more than 8(eight) months and he is ready to cooperate in the trial. Hence, if it is ensured that while remaining on bail, he does not evade the course of justice and does not influence the witnesses, his custodial detention may not be necessary for fair completion of the trial Page No.# 4/5 of Special (POCSO) P.S. Case No. 77/2024, pending in the Court of the learned Special Judge (POCSO) Baksa, Mushalpur. 10. In view of the above, the above-named petitioner is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the learned Special Judge (POCSO) Baksa, Mushalpur with the following conditions:- i. That the petitioner shall cooperate in the investigation of Special (POCSO) P.S. Case No. 77/2024; ii. That the petitioner shall appear before the Investigating Officer as and when so required for the sake of fair investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; iv. That the petitioner shall provide his contact details, including photocopies of his Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the Special (POCSO) P.S. Case No. 77/2024; v. That the petitioner shall not leave the jurisdiction of the Court of the Special Judge (POCSO) Baksa, Mushalpur without prior permission of the said Court and when such leave is granted by the said Court, the petitioner shall submit his leave address and contact details during such leave before Page No.# 5/5 the said Court; and vi. That the petitioner shall not commit any offence while on bail. 11. With the above observations, this bail application is hereby disposed of. JUDGE Comparing Assistant