Page No.# 1/4 GAHC010035652025 2025:GAU-AS:2228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/407/2025 KALU RAM SAINI S/O MADHU RAM SAINI, C/O M.S DWARIKA SWEETS. NOTUN BAZAAR, PO HOJAI, PS HOJAI, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR B CHANDA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 04.03.2025 Heard Mr. B. Chanda, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Kaluram Saini, son of Madhu Ram Saini, residing at M/s Dwarika Sweets, Notun Bazar, Police Station-Hojai, District-Hojai has filed this application under Section 482 BNSS, 2023, seeking his pre-arrest bail in Hojai Police Station Case No. 363/2024 registered under Sections 146/143 BNS, 2023 read with Section 75 of the Juvenile Justice Act, 2015 read with Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, corresponding to G.R. No. 2546/2024. 3. As per the FIR dated 10.12.2024 lodged before Hojai Police Station, the case is that in a rescue drive conducted by a team of DLTF members on 05.12.2024 at Hojai town as per the direction of the Deputy Commissioner, Hojai, one child labour, aged about 15 years was rescued, who is a resident of village-Lang Amsek, Kheroni, district-Karbi Anglong and was engaged in hazardous process for M/s Dwarika Sweets, located at Notun Bazar, Hojai where the said sweet shop is owned by the petitioner. 4. Accordingly, the said FIR was registered as Hojai Police Station Case No. 363/2024 under Sections 146/143 BNS, 2023 read with Section 75 of the Juvenile Justice Act, 2015 read with Section 14 (1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, corresponding to G.R. No. 2546/2024. 5. Case diary is placed before the Court today by Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam . 6. It is seen from the case diary that the rescued boy informed that he belongs to a poor family and his father is working as a daily wage labourer. As the income from his father does not meet the ends, so as to maintain his family, the minor victim boy, who studied up to class VIII, requested his neighbour Dilip Ingti who works in the Sweet shop of the petitioner, to Page No.# 3/4 provide him some work so that he can support his family. As such, he, on 15.11.2024, came to Hojai with said Dilip Ingti and started working in the said Sweet shop of the petitioner since 16.11.2024 at a daily wage of Rs. 200/- per day. 7. While the minor victim boy was working in said Sweet shop of the petitioner at Hojai, on 05.12.2024, personnel from Labour Office came and took him away and produced him before the Juvenile Justice Board at Sankardev Nagar, Hojai, where his father also appeared. Direction was given to the father of the minor victim boy to produce the victim boy before the Labour Office at Karbi Anglong within 7 days. 8. The said rescued minor victim boy also stated that he is now residing with his father and is not engaged in any work. 9. It is seen from the case diary that in their statements the independent witnesses so far recorded by the concerned Investigating Officer of the case as well as the minor victim boy did not implicate the petitioner, i.e., the owner of M/s Dwarika Sweets that he forcefully employed the minor victim boy. 10. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Hojai P.S. Case No. 363/2024. Therefore, this pre-arrest bail application of the petitioner in said Hojai P.S. Case No. 363/2024 is accepted. 11. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Kaluram Saini, son of Madhu Ram Saini in said Hojai P.S. Case No. 363/2024, he shall be released on bail, on furnishing bail bond of Rs 50,000/- with 2 (two) local sureties, each of the like amount, to the satisfaction of the arresting authority, subject to the conditions that he – (i) shall appear before the concerned Investigating Officer of Hojai P.S. Case No. 363/2024 on 11.03.2025 and thereafter, as and when he is required for necessary investigation of said Hojai P.S. Case No. 363/2024; (ii) shall not leave the territorial jurisdiction of the Hojai police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (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 Page No.# 4/4 facts to the Court or to any police officer and (v) shall not involve himself in any criminal activities in the future. 12. Failure to comply with any of the aforesaid terms and conditions by him, the pre-arrest bail granted to petitioner, namely, Kaluram Saini, son of Madhu Ram Saini in said Hojai P.S. Case No. 363/2024 shall stand automatically vacated. 13. Return the case diary herewith. JUDGE Comparing Assistant