Page No.# 1/4 GAHC010010402025 2025:GAU-AS:1717 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./182/2025 SRI AMIT TOSSA SON OF SRI DEBEN TOSSA, RESIDENT OF VILLAGE- NO. 10 LINE KOILAMARI T.E, P.O. AND P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI SIBA RAITU S/OLATE LIGU RAITU R/O VILL- NO. 10 LINE KOILAMARI T.E. P.O.ANDP.S.NORTH LAKHIMPUR ASSAM 3:XXXX D/O SRI SIBA RAITU R/O VILL- NO. 10 LINE KOILAMARI T.E. P.O.ANDP.S.NORTH LAKHIMPUR ASSAM (RESPONDENT NO. 3 IS REPRESENTED BY RESPONDENT NO.2 Advocate for the Petitioner : MR H P GUWALA, MR. A BORO Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 18/02/2025 Heard Mr. H P Guwala, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Amit Tossa, son of Sri Deben Tossa, resident of Village-No. 10 Line Koilamari T.E., P.S. North Lakhimpur, District-Lakhimpur, seeking bail in North Lakhimpur P.S. Case No. 418/2023 registered under Sections 376(2)(j) IPC read with Section 6 of POCSO Act, 2012, wherein he was arrested on 09.12.2023 and is in custody since then. 3. In the said North Lakhimpur P.S. Case No. 418/2023, police after completion of investigation of the case has submitted the charge-sheet on 29.12.2023 against the petitioner under Sections 376(2)(j) IPC read with Section 6 of POCSO Act, 2012 and the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur by order dated 18.04.2024 in said Special (POCSO) Case No. 17/2024 framed charge under Sections 376(2)(j) IPC read with Section 6 of the POCSO Act. 4. By order dated 28.01.2025, records of said Special (POCSO) Case No. 17/2024 was called for from the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 5. Mr. Guwala, learned counsel for the petitioner submitted that the petitioner is no way connected with the case and he has been falsely implicated in it. Further, considering his detention in custody since 09.12.2023, he should be considered for bail, as in the meanwhile, evidence of prosecution witnesses including the victim girl has already been recorded by the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in said Special (POCSO) Case No. 17/2024. 6. On perusal of the records of the case, it is seen that evidences of 6 nos. of prosecution witnesses have been recorded out of 12 nos. of prosecution witnesses reflected in the charge-sheet dated 29.12.2023 as on 25.09.2024. 7. From the evidence of the minor victim girl, it is seen that she had implicated the accused/petitioner of having sexual intercourse with her in absence of her parents on many occasions for which she became pregnant. The evidence of other prosecution witnesses so far recorded also Page No.# 3/4 implicated the petitioner as the victim girl told them that it is the petitioner who had sexual intercourse with her. 8. From the records of the case, it is seen that the victim had given birth to a baby girl. The record also discloses that with due permission of the Court, the Investigating Officer had collected the blood samples of the victim girl, the accused petitioner as well as the baby girl born to the minor victim girl through the concerned Doctor and those were forwarded to the Directorate of Forensic Science, Assam at Kahilipara, Guwahati for the DNA test. The DNA report dated 14.08.2024 of the Directorate of Forensic Science, Assam at Kahilipara, Guwahati pertaining to the blood samples of the victim girl, the baby girl born to her and the accused petitioner indicated that blood samples of the victim girl and her infant baby girl matches with each other, whereas the blood sample of the accused petitioner does not match with the blood sample of the infant female baby born to the minor victim girl. 9. Considering the detention of the petitioner since 09.12.2023 and the said DNA report dated 14.08.2024 of the Directorate of Forensic Science, Assam at Kahilipara, Guwahati, the Court is of the view that the petitioner is entitled for his bail in said Special (POCSO) Case No. 17/2024 arising out of North Lakhimpur P.S. Case No. 418/2023 presently pending before the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 10. 9. Considering the detention of the petitioner since 09.12.2023 and the said DNA report dated 14.08.2024 of the Directorate of Forensic Science, Assam at Kahilipara, Guwahati, the Court is of the view that the petitioner is entitled for his bail in said Special (POCSO) Case No. 17/2024 arising out of North Lakhimpur P.S. Case No. 418/2023 presently pending before the Court of learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 10. Accordingly, the petitioner, namely, Sri Amit Tossa, be released on bail in said North Lakhimpur P.S. Case No. 418/2023 registered under Sections 376(2)(j) IPC read with Section 6 of POCSO Act, 2012, on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur, on conditions that the petitioner – (i) shall appear before the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in said Special (POCSO) Case No. 17/2024 arising out of North Lakhimpur P.S. Case No. 418/2023 on the dates it is fixed, without fail and also as and when he is required in the case; (ii) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur without obtaining prior written permission from the said authority; (iii) 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 threat, harass, disturb or stalk the victim girl or her minor baby girl or anyone of her family members, by himself or by anyone acting on his behalf and shall never come to the vicinity of the victim girl or Page No.# 4/4 anyone of her family, physically or by any other means, either through telephone, mobile, whatsapp or any other mode of communication personally or through others on his behalf and (vi) shall not indulge himself in any criminal activities. 11. Violation of any of the aforesaid conditions by the petitioner, the bail granted to him in the aforesaid Special (POCSO) Case No. 17/2024 arising out of North Lakhimpur P.S. Case No. 418/2023 shall stand automatically vacated. 12. It is to be noted herein that the learned Trial Court shall not be influenced by any of the observations made in this order since this is considered only for bail of the petitioner and not for the finding of the Trial Court, i.e., learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 13. This bail application accordingly stands allowed to the extent above. JUDGE Comparing Assistant