Page No.# 1/4 GAHC010036362025 2025:GAU-AS:2874 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/438/2025 SHYAMAL JYOTI GOGOI S/O HOREN GOGOI R/O CHIRING CHAPORI, CHAPORI PATH, P.O., P.S. AND DIST. DIBRUGARH, ASSAM, PIN-786001 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RAHUL JAIN S/O SHANTI KR JAIN R/O CHIRING CHAPORI CHAPORI PATH P.S. AND DIST.DIBRUGARH PIN-78600 Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR. V PANDEY Advocate for the Respondent : PP, ASSAM, L A MAGAR (R2),A BIYANI (R2),MR A BHATRA (R2),MR. R K BHATRA (R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 18.03.2025 Heard Mr. N N Upadhaya, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. R K Bhatra, learned counsel assisted by Ms. A Biyani, learned counsel for the respondent No. 2/informant of the case. 2. Apprehending his arrest, the petitioner, namely, Sri Shyamal Jyoti Gogoi, son of Horen Gogoi, resident of Chiring Chapori, Chapori Path, P.S-Dibrugarh, District-Dibrugarh has filed this application under Section 482 BNSS, 2023, praying for his pre-arrest bail in Dibrugarh Police Station Case No. 02/2025 registered under Sections 75(2) of the BNS, 2023 read with Section 8 of the POCSO Act, corresponding to G.R. No. 3/2025. 3. As per the FIR of the case dated 01.01.2025 lodged before the Officer-in-Charge of Amolapatti Outpost under Dibrugarh Police Station the accusation against the petitioner is that on the night of 31.12.2024 at around 10:45 PM while the minor daughter of the informant aged about 15 years was watching T.V. with her friends in the house of one Akash Konwar, he sexually assaulted her by touching her breasts and other private parts of her body. When the minor victim girl complained about it, the accused petitioner fled away from the scene. As such, the FIR was lodged to take appropriate action against the accused person of the case. 4. The said FIR of the respondent No.2/informant of the case was initially registered as Amolapatti GD Entry No. 513 dated 01.01.2024 and was forwarded to Dibrugarh Police Station, wherein it was registered as Dibrugarh Police Station Case No. 02/2025 under Sections 75(2) of the BNS, 2023 read with Section 8 of the POCSO Act. 5. The contention of the petitioner is that there was a New Year party in the house of said Akash Konwar in which the family members of the informant as well as said Akash Konwar were present, wherein the petitioners’ family including him also participated. The petitioner Page No.# 3/4 was overindulged in alcohol and is unaware of any such incident as alleged in the FIR and further, he had a fight with the informant in which he sustained injuries, for which he had to undergo medical treatment in M.F. Hospital & Research Centre at Dibrugarh. 6. Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam. 7. Mr. K K Parashar, learned APP, Assam from the case diary submitted that statement of the minor victim girl has already been recorded under Sections 180 & 183 BNSS along with the statements of the other acquainted witnesses of the case. Police have also seized the original birth certificate of the minor victim girl. 8. Ms. A Biyani, learned counsel for the informant/respondent No. 2 submitted that the accused petitioner is a neighbor of the minor victim girl and if he is granted pre-arrest bail, it will be a threat to the victim girl, as most of the time she is alone as her parents work outside. 9. Ms. Biyani, learned counsel has submitted that the accused petitioner committed the act of sexual assault and in that regard the victim girl also stated before the learned Magistrate. Considering the involvement of the petitioner in the alleged crime of sexual assault on a minor girl, Ms. Biyani has submitted that the petitioner is not entitled for his pre-arrest bail in said Dibrugarh Police Station Case No. 02/2025. 10. Ms. Biyani, learned counsel for the informant/respondent No 2 also submitted that the petitioner suppressed material facts before the Court that his pre-arrest bail was already rejected by the Court of learned Additional Sessions Judge, Dibrugarh. 11. It is seen that in her statement under Section 183 BNSS, recorded on 09.01.2025 by the learned Additional Judicial Magistrate First Class, Dibrugarh, the minor victim girl implicated the petitioner of committing sexual assault on her on the night of 31.12.2024 in the house of Akash Konwar. 12. It is also seen that police have seized the original birth certificate of the victim girl issued by the Registrar of Birth & Death, Naharani Public Health Centre, District-Dibrugarh on 18.06.2012, indicating the date of birth of the victim girl as 09.12.2008. As such, on the date Page No.# 4/4 of the incident, the victim girl was 16 years old, a child under the POCSO Act. 13. Case diary also reveals that on perusal of the case diary and the statement of the victim girl recorded under Section 183 BNSS, the learned Additional Sessions Judge, First Track Court, Dibrugarh by order dated 10.01.2025 rejected the pre-arrest bail of the petitioner in said Dibrugarh Police Station Case No. 02/2025. 14. Further, from the case diary it is also seen that the independent witnesses who were present at the time of the incident and the other girls who were watching T.V. along with the minor victim girl, implicated the petitioner of committing such crime on the victim girl. 15. Considering such incriminating materials in the case diary against the petitioner regarding his involvement in the alleged crime, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner in said Dibrugarh P.S. Case No. 02/2025. 16. Accordingly, this pre-arrest bail application of the petitioner, Sri Shyamal Jyoti Gogoi, son of Horen Gogoi, in said Dibrugarh P.S. Case No. 02/2025, stands rejected. 17. Return the case diary herewith. JUDGE Comparing Assistant