Page No.# 1/4 GAHC010011762025 2025:GAU-AS:2118 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./163/2025 BIPLAB GOHAIN S/O MADHAB GOHAIN, PRESENTLY RESIDING AT NAHORONI PATH, HATIGAON, PS HATIGOAN, DIST KAMRUP M ASSAM, PERMANENT RESIDENT OF GOHPUR, NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MISS MAINU BEGUM W/O SAHAB UDDIN AHMED RESIDENT OF SORUMATORIYA PS DISPUR GUWAHATI- 78100 Advocate for the Petitioner : MS. K MALAKAR, MS A MAJUMDER,MS P DUTTA Advocate for the Respondent : PP, ASSAM, MS P DAS (AMICUS CURIAE, R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28-02-2025 Heard Ms. K. Malakar, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Ms. Priyanki Das, learned Amicus Curiae, for the informant/opposite party No.2. 2. The petitioner, namely, Biplab Gohain, son of Madhab Gohain, presently residing at Nahoroni Path, Hatigaon, Police Station-Hatigaon, District-Kamrup(M), Assam, permanent resident of Gohpur, Nalbari, Assam has filed this application under Section 483 BNSS, 2023 on 21.01.2025 seeking bail in Dispur Police Station Case No. 1381/2024 corresponding to G.R. No.7680/2024 registered under Sections 126(2)/75(2)/76 BNS, 2023, read with Section 8 of the POCSO Act, 2012, wherein, he was arrested on 01.01.2025 and is in custody since then. 3. As per the FIR dated 31.12.2024 lodged by the informant/opposite party No.2 before the Officer-in-Charge of Dispur Police Station, the case is that on 31.12.2024 around 06:35 in the evening, when her daughter was returning from Tuition towards her house, the accused petitioner, who came in a motorcycle molested her daughter by touching her private part and then, he tried to flee away from the scene, but was caught by local people and was assaulted and subsequently he was handed over to police and was brought to the police station. 4. Perused the case diary placed before the Court today by Mr. K.K. Parashar, learned Addl. PP, Assam. 5. From the case diary, it is seen that police have already seized the Birth Certificate of the victim girl, which shows that her date of birth is 24.12.2009 that was issued on 29.12.2009 by the Registrar of Birth and Death, Gauhati Medical College and Page No.# 3/4 Hospital, Guwahati. As such, on the date of the incident, i.e., on 31.12.2024, the victim girl was about 15 years of age. 6. In her statement under Section 183 BNSS, 2023 recorded by the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati, recorded on 02.01.2025, the victim girl indicated that the accused petitioner, who came in a motorcycle tried to snatch her chain from her neck and in that process, touched her private part and when she made hue and cry, he tried to flee away and the local people apprehended him and he was handed over to police. 7. Considering the same and the detention of the petitioner in custody since 01.01.2025, this Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Dispur P.S. Case No. 1381/2024. As such, this bail application of the petitioner in said Dispur P.S. Case No. 1381/2024 is accepted. 8. Accordingly, the petitioner, namely, Biplab Gohain, son of Madhab Gohain is granted bail in said Dispur P.S. Case No. 1381/2024 on furnishing a bail bond of Rs. 50,000/- with two local sureties of the like amount, to the satisfaction of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Dispur P.S. Case No. 1381/2024 as and when he is required for necessary investigation of said Dispur P.S. Case; (ii) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati, without obtaining prior written permission from the said authority; (iii) shall surrender his passport, if any, before the learned Special Judge (POCSO), Kamrup (Metro), Guwahati on or before 07.03.2025; (iv) shall not hamper with the investigation, or tamper with the evidence of the case; (v) 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; (vi) shall not involve himself in any criminal activities and (vii) shall not threat the minor victim girl or anyone in her family by Page No.# 4/4 himself or by others, acting on his behalf. 9. Any violation of the aforesaid terms and conditions by the petitioner, namely, Biplab Gohain, the bail granted to him in said Dispur P.S. Case No. 1381/2024 shall stand automatically vacated. 10. The bail application accordingly stands disposed of to the extent above. 11. Return the case diary. 12. The assistance rendered by Ms. Priyanki Das, learned Amicus Curiae in adjudicating this case is highly solicited. The Gauhati High Court Legal Services Authority shall pay the remuneration to Ms. Priyanki Das, learned Amicus Curiae, on raising a bill. JUDGE Comparing Assistant