Page No.# 1/4 GAHC010022682025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/276/2025 SRI BHARAT BORAH ALIAS SRI RAJIB BORAH A RESIDENT OF GOPALPUR, P.S-LALUK, P.O-PHULBARI, BOKANADI, DISTRICT-LAKHIMPUR, ASSAM, PIN-787031 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI MOUSUMI BORA W/O- SATYARANJAN SAIKIA RESIDENT OF VILLAGE- KAMALPUR P.O-PHULBARI BOKANADI P.S-LALUK LAKHIMPUR ASSAM PIN-78703 Advocate for the Petitioner : MR. C TALUKDAR, MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, A TALUKDAR (R-2),MR G G GOGOI(R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.03.2025 1. Heard Mr. T. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State as well as Mr. G. G. Gogoi, learned counsel for the respondent No. 2. Page No.# 2/4 2. This application under Section 482 of BNSS, 2023 has been filed filed by the petitioner, namely, Sri Bharat Borah @ Sri Rajib Borah who is apprehending his arrest in connection with Laluk P.S. Case No. 195/2024 under Sections 329(4)/75(2) of the BNS read with Section 12 of the POCSO Act, 2012. 3. The gist of accusation against the present petitioner in this case is that on 15.11.2024, the mother of the victim girl had lodged an FIR, inter alia, alleging that the petitioner on 14.11.2024 came to their house and taking advantage of absence of other family members made indecent gesture and caught hold of the hand of the daughter of the first informant. When the daughter of the first informant cried, he fled away therefrom. 4. The learned counsel for the petitioner has submitted that the allegations levelled against the present petitioner in the FIR are not true. He submits that before filing of the said FIR, the wife of the petitioner had filed an FIR against the family members of the victim girl as the petitioner was assaulted by the family members of the victim girl on 14.11.2024. He submits that the FIR lodged against him is a counterblast against the FIR lodged by his wife against the family members of the victim girl. He further submits that even on reading the FIR lodged against the present petitioner, no offence under Section 12 of the POCSO Act, 2012 is made up as the only accusation against the present petitioner is that he held the hands of the victim and pulled her which, according to the learned counsel for the petitioner does not come within purview of the definition of sexual harassment as provided in Section 11 of the POCSO Act. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to co-operate in the investigation and shall abide by any condition which is imposed while granting him bail. Page No.# 3/4 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Laluk P.S. Case No. 195/2024 and has submitted that the victim in her statement recorded under Section 183 of the BNS has stated that apart from holding her hand, the petitioner looked at the victim girl indecently. 7. On the other hand, the learned counsel for the respondent No. 2 has opposed the grant of bail to the present petitioner on the ground that the petitioner is a person having political background and he may threaten the victim if he is allowed to go on bail at this stage. 8. I have considered the submissions made by the learned counsel for both the sides as well as gone through the case diary which was called for in connection with this case. 9. Considering the statement made by the victim girl as well as materials in the case diary and also the fact that a counter FIR has also been lodged by the wife of the petitioner against the family members of the victim girl, this Court is of considered opinion that if the petitioner cooperates with the Investigating Officer, his custodial detention may not be necessary for fair completion of the investigation of the Laluk P.S. Case No. 195/2024. 10. In view of the above, the above named petitioner is directed to appear before the Investigating Officer of Laluk P.S. Case No. 195/2024 within a period of 7 days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, the petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the arresting authority with following conditions:- Page No.# 4/4 (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. 11. This anticipatory bail application is accordingly disposed of. 12. Send back the case diary. JUDGE Comparing Assistant