Page No.# 1/3 GAHC010026352025 2025:GAU-AS:4272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./339/2025 SHRI NITUL GOGOI AND ANR. SON OF BIPUL GOGOI, R/O GHUGULONI, P.O. GHUGULONI AHOM GAON, P.S. MORAN, DIST.DIBRUGARH, ASSAM. 2: SHRI FRANSISH BAGLARY S/O SHRI PRASANTA BAGLARY R/O GHUGULONI P.O.- GHUGULONI AHOM GAON P.S. MORAN DIST. - DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SMTI JANMONI CHUTIA WIFE OF LATE BIJU CHUTIA R/O DAKHIN BARPOTHAR GAON P.S.- MORANHAT DIST.- CHARAIDEO ASSAM. PIN NO.- 785670 Advocate for the Petitioner : MR. B K DAS, I J SINGPHO,MR H P GUWALA,H P NEOG Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.04.2025 Heard Mr. H. P. Neog, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Moranhat P. S. Case No. 07/2025, registered under Sections 79 of BNS, 67 (B) of IT Act read with Section 14/15 (2) of POCSO Act. 3. The Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Neog, learned counsel for the petitioners, that the present accused/petitioners are innocent and they are not at all involved in the alleged offence. He further submitted that they did not circulate any photos or videos as alleged in the FIR; however, they were arrested in connection with this case solely because they are friends of the prime accused, namely Bolin Chandra Gogoi. He also submitted that the petitioners are behind the bar since 05.02.2025, and considering the length of their detention, they may be released on regular bail. Furthermore, they are ready and willing to extend their cooperation if granted the privilege of bail. 5. In that context, Mr. Sharma, learned Additional Public Prosecutor, submitted that there are sufficient incriminating materials against the present accused/petitioners in the Case Diary, especially in the statement of the victim recorded under Section 183 of BNSS, and their prayer for release considering the length of detention may be considered. Page No.# 3/3 6. Hearing the submissions made by the learned counsels for both sides, I have perused the Case Diary, particularly the statement made by the victim under Section 183 of BNSS. Thus, considering the Case Diary and the length of detention already undergone by the accused/petitioners, I find that further custodial interrogation may not be necessary in the interest of the investigation, and I deem it a fit case to grant the privilege of bail to the accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Special Judge, Charaideo, Sonari, the accused/petitioners, namely, Shri Nitul Gogoi and Shri Fransish Baglary, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make themselves available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Charaideo, Sonari, without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant