Page No.# 1/4 GAHC010015192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./193/2025 SRI DILIP DUTTA S/O-LATE MOHAN DUTTA R/O- VILL-NO3 SIMALUGURI P. S. -BIHPURIA DISTRICT-LAKHIMPUR, ASSAM, PH. NO. 9854702893 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI PRATIMA GOGOI W/O -SRI MAHENDRA GOGOI VILL-DHARAMPUR P. S-BIHPURIA DISTRICT-LAKHIMPUR ASSAM PIN-78416 Advocate for the Petitioner : MR. U J SAIKIA, Advocate for the Respondent : PP, ASSAM, MS. M.K. BROWN(AMICUS CURIAE, R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 6.03.2025 1. Heard Mr. U. J. Saikia, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent as well as Ms. M. K. Brown, learned Amicus Curiae appearing for Respondent No. 2. 2. This application, under Section 483 of BNSS, 2023 has been filed by the petitioner namely, Sri Dilip Dutta, who has been detained behind the bars since 12.12.2024 (for more than 84 days) in connection with Bhipuria P. S. Case No. 222/2024 under Section 65(2)/62 of the BNS, 2023 and read with Section 6/18 of the POCSO Act, 2012. 3. The accusation against the petitioner is that on 11.12.2024, the mother of the victim girl has lodged an FIR, inter-alia alleged that the victim girl, who is her 11 years old daughter, was pulled inside the toilet by the petitioner on 09.12.2024 at about 12.30 p.m. in the school. 4. It is also alleged that the petitioner tried to commit rape on her inside the toilet. 5. The learned counsel for the petitioner has submitted that the FIR has been lodged by the mother of the victim girl due to misunderstanding. Page No.# 3/4 6. The learned counsel for the petitioner submits that the petitioner did go to the school on the said date, however, he only intended to help the victim girl by opening the door of the bathroom. 7. The learned counsel for the petitioner has referred to the statement of the victim girl recorded under Section 180 as well as 183 of the BNSS, 2023, wherein the only accusation is that he was pulled inside the bathroom by a beard man and her chest was touched. 8. The learned counsel for the petitioner submits that the petitioner is an aged person of 61 years and he has been languishing behind the bars for the last 84 days. 9. It is further submitted that he is ready to face trial. 10. On the other hand, the learned Additional Public Prosecutor opposed the prayer from the ground that as the victim is a deaf and dumb girl and there are materials against the petitioner on record, the prayer for bail may be considered after the examination of the victim girl. 11. On the other hand, Ms. M. K. Brown, learned Amicus Curiae has fairly submitted that from the materials on record the ingredient of the offence under Section 65(2)/62 of the BNS does not appear to be present in this case. 12. I have considered the submission made by the learned counsel for the parties as well as gone through the records of this case including the scanned copy of the POCSO Case No. 11/2025. 13. Considering the fact that the incriminating materials against the petitioner in this case mainly that he pulled the victim girl inside the bathroom and touched her breast. Page No.# 4/4 14. The fact that the charge-sheet has been laid and charges are already framed and the petitioner is languishing behind the bars for the last 84 days, this Court is of the considered opinion that if sufficient conditions are imposed so as to ensure that the petitioner does not make any attempt to influence the victim girl while he is on bail, his custodial detention does not appear to be necessary for fair completion of the trial of POCSO Case No. 11/2025. 15. Hence, the petitioner, namely, Dilip Dutta is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur with the following conditions: i. 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 of the case before the Investigating Officer. ii. That the petitioner shall co-operate in the investigation. 16. With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant