Page No.# 1/5 GAHC010027842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./390/2025 NARAYAN KONWAR S/O ANANTA KONWAR R/O VILL- RAJA- PATHAR SAM GAON, P.S.BOKOLIA, P.O.BOKOLIA, DIST. KARBI ANGLONG, ASSAM PIN-782482 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SMTI. NIPA SONOWAL W/O SRI GOJEN SONOWAL R/O VILL- BAMUN BETONI GAON P.S. BORHOLLA P.O. BORHOLLA DIST. JORHAT ASSAM PIN-78563 Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,TAWHID LASKAR Advocate for the Respondent : PP, ASSAM, MR. P BORAH (R-2) Page No.# 2/5 Linked Case : Bail Appln./652/2025 NARAYAN KONWAR S/O ANANTA KONWAR VILL-RAJA PATHAR SAM GAON P.O.KACHAMRI P.S. BOKOLIA DIST. KARBI ANGLONG PIN-782481 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:NEEPA SONOWAL W/OSRI GOJEN SONOWAL VILL-BAMUNBITONI GAON P.S. BORHULLA DIST. JORHAT ASSAM PIN CODE-785618 ------------ Advocate for : MS P DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 21.03.2025 Heard Mr. S Nawaz, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. P Borah, learned counsel appearing on behalf of the respondent No. 2/informant of the case. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Narayan Konwar, son of Sri. Ananta Konwar, resident of Village-Raja Pathar Sam Gaon, P.S.- Page No.# 3/5 Bokolia, District-Karbi Anglong, seeking bail in Special (POCSO) Case No. 14/2024 arising out of Borhola Police Station Case No. 03/2024 under Sections 376(3) IPC read with Section 6 of the POCSO Act, wherein he was arrested on 12.02.2024 and is in custody since then. 3. It is to be noted herein that the petitioner also sought for legal assistance through the District Legal Service Committee, Jorhat and accordingly the matter was referred to the Gauhati High Court Legal Services Committee. On the basis of the same, through the Legal Aid Counsel the connected Bail Application No. 652/2025 was filed seeking bail of the petitioner in said Special (POCSO) Case No. 14/2024, in which the petitioner is represented by Ms. Priyanki Das, learned Legal Aid counsel. 4. As both the bail applications have arisen out of the same Special (POCSO) Case No. 14/2024 and are of the same accused person, both are taken up together for consideration. 5. As per the FIR of the case dated 11.02.2024 lodged by the respondent No.2/informant, the case is that on 10.02.2024, Saturday during the day hours around 12:30 her minor daughter aged about 13 years 6 months was forcefully raped by the accused petitioner in the house of Rajen Sonowal, brother-in-law of the complainant in their absence, where the accused Narayan Konwar is the relative of her said brother-in-law. 6. The said FIR was accordingly registered as Borhola Police Station Case No. 03/2024 under Sections 376(3) IPC read with Section 6 of the POCSO Act. 7. Petitioner contended that the Court of learned Special Judge (POCSO), Jorhat after October, 2024 recorded the evidence of 5 of the prosecution witnesses including the minor victim girl as well as the informant of the case and that thereafter the trial of the said case did not progress since the prosecution witnesses did not appear on the dates fixed for recording of their evidence. It is submitted that considering his detention since 12.02.2024 for more than 1 year 1 month, he should be considered for his bail in said Special (POCSO) Case No. 14/2024. 8. By order dated 17.02.2025, the Court called for the relevant case records. 9. It is seen from the records of the case that after registration of the FIR of the case, the minor victim girl was medically examined on 12.02.2024 in Jorhat Medical College & Hospital, Jorhat and her statement under Section 164 CrPC was recorded by the learned Judicial Magistrate First Class, Jorhat on 12.02.2024 itself. Page No.# 4/5 10. Police during investigation of the case, seized the birth certificate of the victim girl that was issued by the Registrar of Births & Deaths, Titabor Public Health Centre on 24.12.2010, indicating the date of birth of the victim girl as 27.07.2010. As such, on the date of the incident, i.e., on 10.02.2024, the victim girl was a minor aged about 13 years 6 months. 11. It is also seen that the victim girl is suffering from 72% intellectual disability as per the Disability Certificate dated 28.03.2023 issued by the concerned Medical Authority of Jorhat under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India. 12. During investigation of the case, police also seized the undergarments of the victim girl, which were forwarded to the FSL for its necessary examination and report. FSL report dated 27.02.2024 of the seized undergarments of the victim girl tested positive for human semen. 13. After completion of the investigation of the case, police submitted charge-sheet on 04.04.2024 in said Borhola P.S. Case No. 03/2024 under Sections 376(2)(1)(3) IPC read with Section 6 of the POCSO Act, containing the name of 11 prosecution witnesses including the Doctor who medically examined the victim girl as well as the concerned Investigating Officer of the case. 14. It is seen from the records of the case that after filing of charge-sheet in said Borhola P.S. Case No. 03/2024, the same was registered and re-numbered as Special (POCSO) Case No. 14/2024 before the learned Special Judge (POCSO), Jorhat. 15. By order dated 04.06.2024, the Court of learned Special Judge (POCSO), Jorhat framed charge under Sections 376(3) IPC read with Section 6 of the POCSO Act against the petitioner. 16. It is already noted above that out of 11 named prosecution witnesses, the said Trial Court have recorded the evidence of 5 of the prosecution witnesses including the victim girl. 17. On perusal of the 164 CrPC statement of the victim girl recorded by learned JMFC, Jorhat as well as her evidence before the learned Special Judge (POCSO), Jorhat in said Special (POCSO) Case No. 14/2024, it is found that the deposition made by the victim girl before the learned Trial Court as well as before the learned Magistrate remained intact. It is also to be noted herein that the victim girl was thoroughly cross-examined by the defence. 18. As the learned Special Judge (POCSO), Jorhat since October, 2024, out of 11 have Page No.# 5/5 recorded the evidence of 5 of the prosecution witnesses, this Court is of the opinion that right of the petitioner for speedy trial has not been infringed. 19. Considering the above and finding such incriminating materials against the petitioner regarding his involvement in the alleged crime, this Court is of the opinion that his detention since 12.02.2024 cannot be considered for his bail in said Special (POCSO) Case No. 14/2024. 20. Accordingly, this bail application of the petitioner, Narayan Konwar, in Special (POCSO) Case No. 14/2024, arising out of Borhola P.S. Case No. 03/2024, pending before the Court of learned Special Judge (POCSO), Jorhat, stands rejected. 21. It is made clear that while adjudicating the said Special (POCSO) Case No. 14/2024, the learned Special Judge (POCSO), Jorhat shall not be influenced by any of the observations made herein above in these bail applications. 22. Both these bail applications, stands disposed of accordingly. 23. Gauhati High Court Legal Services Committee shall pay the remuneration to Ms. Priyanki Das, learned Legal Aid Counsel appearing on behalf of the petitioner in Bail Application No. 652/2025, on raising a bill by her. JUDGE Comparing Assistant