Page No.# 1/3 GAHC010021252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./266/2025 BISHNURAM BORO S/O SRI DIPESWAR BORO R/O RAJAGAON P.O. MORIGAON DIST. MORIGAON,ASSAM PIN-782105 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SRI NIRENDRA NATH S/O SRI PROBIN CH. NATH R/O SIDHABARI P.O.MORIGAON DIST.MORIGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. M DUTTA, MR K M BORA Advocate for the Respondent : PP, ASSAM, MR T CHAKRABORTY (R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 Page No.# 2/3 Heard Mr. A. Bhattacharjee, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner namely Bishnuram Boro, who has been detained behind the bar since 22.10.2024 (for last 111 days) in connection with POCSO Case No.157/2024 arising out of Morigaon P.S. Case No.274/2024. 3. Learned counsel for the petitioner has submitted that the petitioner is facing the trial in POCSO Case No.157/2024. He also submits that the victim girl with whom he had love relationship had implicated the petitioner of having forceful sexual intercourse without her consent, which is denied by him. 4. Learned counsel for the petitioner submits that the petitioner is a student of Higher Secondary Final Year and his exams are scheduled to be held from 13th February, 2025. In support of his submission, he has annexed the Admit Card of the petitioner at Annexure 3 of the bail application. 5. Learned counsel for the petitioner submits that there are 11 (eleven) witnesses to be examined and if the petitioner is not released on bail, his academic career would be prejudiced. 6. He also submits that the petitioner is ready to face the trial and will cooperate in it. 7. On the other hand, learned Additional Public Prosecutor opposes the grant of bail to the petitioner at this stage considering the allegations leveled him as well as considering the fact that 11 more witnesses are yet to be examined. 8. On the other hand, Mr. T. Chakraborty, learned counsel appearing for the informant i.e. respondent No.2 submits that he has specific instruction from the informant not to oppose the prayer for bail considering the facts and circumstances of the case. 9. I have considered the submission made by the learned counsel for both sides. Since the victim girl has already been examined by the trial Court and since the petitioner is a candidate of Higher Secondary Examination, which is scheduled to be start from 13th February, 2025, rejecting the bail prayer would jeopardize the academic career of the petitioner, more so, if he cooperates in the trial, his custodial detention may not be necessary for fair completion of the trial. 10. In view of the above, the petitioner named above is allowed to go on bail of Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge cum Special Judge, POCSO, Morigaon subject to the following conditions:- (i) shall not leave the territorial jurisdiction of learned Additional Sessions Judge cum Special Judge, Page No.# 3/3 POCSO, Morigaon without prior written permission from him/her ii) shall not hamper with the investigation and hamper with the evidence of the case iii) 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 him from disclosing such facts to the court or to any police office. 11. With the above observation, bail application stands disposed of. JUDGE Comparing Assistant