Page No.# 1/4 GAHC010028442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./363/2025 KALI KUMAR DAS S/O- UMESH CH DAS, R/O- BORPUKHURI, BHALUKMARI, P.S- LANKA, DIST- HOJAI, ASSAM, PIN- 782442 VERSUS THE STATE OF ASSAM REP BY LD PP, ASSAM 2:SUSHMITA SHILL D/O SUDARSHAN SHILL COLLEGE ROAD WARD NO. 7.PS LANKA DIST HOJAI ASSAM 78244 Advocate for the Petitioner : S AHMED, MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. T K DEY (R-2),MR. N ISLAM (R-2) BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 24/03/2025 Heard Mr. S Ahmed, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. T K Dey, learned counsel for the informant/respondent No. 2. 2. The petitioner, namely, Kali Kumar Das, son of Umesh Ch. Das, resident of Borpukhuri, Page No.# 2/4 Bhalukmari, P.S. Lanka, Distict-Hojai, a charge-sheeted accused, has filed this application on 11.02.2025 under Section 483 of BNSS, 2023, seeking bail in Special (POCSO) Case No. 04(H)/2025 arising out of Lanka Police Station Case No. 388/2024 registered under Sections 354(A)/511 IPC read with Section 8 of POCSO Act corresponding to G.R. No. 2562/2024, wherein he was arrested on 28.12.2024 and is in custody since then. 3. By order dated 14.02.2025, the records of Special (POCSO) Case No. 04(H)/2025 was called for from the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge (FTC), Hojai. 4. As per the FIR dated 14.12.2024 lodged by the complainant before the Officer-in-Charge of Lanka Police Station, the case is that during the investigation of Lanka P.S. Case No. 49/2024 registered under Section 366 of the IPC, the statement of the victim girl was recorded. From her such statement, it could be found that the father of the victim girl took her to one Kabiraj, known as Kali, i.e., the petitioner, who during her treatment touched her private parts inappropriately and attempted to sexually assault her. As such, on the basis of said statement of the victim girl before the Magistrate, the complainant Sub-Inspector of Police requested the Officer-in-Charge of Lanka Police Station to register a case against the petitioner. Accordingly, Lanka P.S. Case No. 388/2024 under Sections 354(A)/511 IPC read with Section 8 of the POCSO Act was registered in which the petitioner was arrested on 28.12.2024. 5. During investigation, police seized the birth certificate of the victim girl issued on 28.01.2010 indicating the date of birth of the victim girl as 13.01.2010. As such, at the time of the incident, the victim girl was a minor. Police after completion of investigation of the case, submitted the charge-sheet in said Lanka P.S. Case No. 388/2024 on 15.12.2024 against the petitioner under Sections 354(A)/511 IPC read with Section 8 of the POCSO Act. 6. It is seen that the father of the victim girl initially on 28.01.2024 lodged the complaint before the Officer-in-Charge of Lanka Police Station stating that his minor daughter aged about 14 years old went to school on 24.01.2024, but she did not return home and inspite of rigorous search, she could not be found and recovered. The same was accordingly registered as Lanka P.S. G.D. Entry No. 23 dated 28.01.2024. The victim girl was later recovered on 05.11.2024 with one Abhijit Mallik from Banglore. After recovery of the victim girl, said G.D. Entry No. 23 dated 28.01.2024 was registered as Lanka P.S. Case No. 49/2024 under Section 366 IPC and in the said Page No.# 3/4 Lanka P.S. Case No. 49/2024, the statement of the victim girl under Section 183 BNSS was recorded on 11.11.2024 by the learned Judicial Magistrate, First Class, Hojai in which the victim girl stated before the Magistrate that the petitioner touched her private parts while treating her and also told her that he would have sex with her. Subsequent to that after registering of Lanka P.S. Case No. 388/2024, the statement of the victim girl under Section 183 BNSS was again recorded in said Lanka P.S. Case No. 388/2024 on 17.12.2024 by the learned Judicial Magistrate, First Class, Hojai in which the victim girl stated before the Magistrate that the petitioner touched her abdomen and he had told her about sex and he further asked her to come to him again, but her father did not take her to him anymore. In her said statement dated 17.12.2024, the victim girl also deposed before the Magistrate that the petitioner told sorry to her and she does not have anything to say against the petitioner. 7. It is seen that though 21.03.2025 was the date fixed before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge (FTC), Hojai for amalgamation of Lanka P.S. Case No. 49/2024 along with said Special (POCSO) Case No. 04(H)/2025 and for consideration of charge, but no such effective order was passed on 21.03.2025 in said Special (POCSO) Case No. 04(H)/2025. 8. Considering such materials in the case record, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Lanka P.S. Case No. 388/2024. As such, this bail application of the petitioner in said Lanka P.S. Case is accepted. 9. Accordingly, the petitioner, namely, Kali Kumar Das, son of Umesh Ch. Das, be released on bail in said Special (POCSO) Case No. 04(H)/2025 arising out of Lanka P.S. Case No. 388/2024 registered under Sections 354(A)/511 IPC read with Section 8 of POCSO Act corresponding to G.R. No. 2562/2024, on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, to the satisfaction of the learned Special Judge (POCSO)-cum-Additional Sessions Judge (FTC), Hojai, on conditions that the petitioner – (i) shall appear before the learned Special Judge (POCSO)-cum-Additional Sessions Judge (FTC), Hojai in said Special (POCSO) Case No. 04(H)/2025 arising out of Lanka P.S. Case No. 388/2024 on each and every date it is fixed, without fail and also as and when he is Page No.# 4/4 required in the case as well as in Lanka P.S. Case No. 49/2024; (ii) shall not leave the territorial jurisdiction of the Lanka Police Station without obtaining prior written permission from the learned Special Judge (POCSO)-cum-Additional Sessions Judge (FTC), Hojai; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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; (v) shall not harm/threat the victim girl, her parents or anyone of her family members including the informant by him or by anyone acting on his behalf, in any manner and shall never come to the vicinity of the victim girl or anyone of her family; and (vi) shall not indulge himself in any criminal activities. 10. Violation of any of the aforesaid conditions by the petitioner, Kali Kumar Das, the bail granted to him in the aforesaid Special (POCSO) Case No. 04(H)/2025 arising out of Lanka P.S. Case No. 388/2024 shall stand automatically vacated. 11. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant