Page No.# 1/6 GAHC010040952025 2025:GAU-AS:4007 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./588/2025 SANJAY DAS S/O- LATE SAILESH DAS, RESIDENT OF VILLAGE-PROTAPPUR FOREST VILLAGE, P.O AND P.S.- DWARBOND, DIST. CACHAR, ASSAM, PIN- 788113 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI SHIPRA DAS W/O SRI PUTUL DAS RESIDENT OF VILLAGE-PROTAPPUR FOREST VILLAGE P.O AND P.S. DWARBOND DIST. CACHAR ASSAM PIN- 78811 Advocate for the Petitioner : MR. I ALAM, T MAZUMDER Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03.04.2025 Heard Mr. Istiaque Alam, learned counsel appearing for the petitioner and Mr. Bhaskar Sharma, learned Additional Public Prosecutor, Assam appearing for the State/opposite party No. 1. Also heard Ms. Barnita Choudhury, learned Amicus Curiae appearing for the complainant/opposite party No. 2. 2) The petitioner, namely, Sanjay Das, son of late Sailesh Das, resident of village-Protappur, Forest Village, Police Station-Dwarbond, District-Cachar has filed this application under Section 483 BNSS, 2023 on 25.02.2024, praying for his bail in Special (POCSO) Case No. 17/2025, arising out of Dwarbond Police Station Case No. 42/2024, registered under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act, 2012, corresponding to G.R. Case No. 2123/2024, wherein, he was arrested on 18.11.2024 and is in custody since then. 3) As per the FIR dated 17.11.2024 lodged before the Officer-in-Charge of Dwarbond Police Station, district-Cachar by the informant/opposite party No. 2, the case is that the petitioner, who is from the same village and resides near to their house, used to frequently visit them since long. On noticing severe bleeding of the victim girl, when the complainant enquired about the same from her, the minor victim daughter told her everything, including that of committing such sexual assault on her by the accused petitioner during absence of other family members in the house, for which she became pregnant of about four months and that the petitioner secretly administered medication to the minor victim girl to terminate her pregnancy and as such she suffered from such severe bleeding. Thereafter, the complainant immediately took her minor victim daughter to an ASHA worker for her treatment and the said ASHA worker also informed her that her minor victim daughter is pregnant of about four months. When, the complainant enquired about the matter from the petitioner, he threatened her of dire consequences stating that he will kill her as well as her minor victim daughter. As such, the complainant lodged the FIR before Dwarbond Police Station, so as to take appropriate action against the accused petitioner. 4) The said FIR of the complainant/opposite party No. 2 was accordingly registered as Dwarbond Police Station Case No. 42/2024 under Section 376 (2)(n) of the IPC read with Section Page No.# 3/6 6 of the POCSO Act, 2012, corresponding to G.R. Case No. 2123/2024. 5) The petitioner was arrested in said Dwarbond P S Case No. 42/2024 and produced before the learned Chief Judicial Magistrate, Cachar at Silchar on 18.11.2024 and since then, he is in custody. 6) After completion of the investigation of the case, Charge-sheet in said Dwarbond P.S. Case No. 42/2024 was submitted on 20.12.2024 against the petitioner under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act, 2012. 7) It is also placed before the Court that the Court of the learned Special Judge (POCSO) Cachar, Silchar on 10.01.2025 as well as on 07.02.2025 rejected the bail prayer of the petitioner. Hence this bail application by the petitioner. 8) By order dated 04.03.2025, legible scanned copy of the records of said Special (POCSO) Case No. 17/2025 as well as the copy of the Case Diary of Dwarbond P.S. Case No. 42/2024 were called for from the Court of learned Special Judge (POCSO), Cachar, Silchar. 9) Mr. Alam, learned counsel appearing for the petitioner submitted that as the charge-sheet in the said Dwarbond P.S. Case No. 42/2024 has already been submitted and charge against the petitioner in said Special (POCSO) Case No. 17/2025 has also been framed; therefore, considering his detention in custody since 18.11.2024, the petitioner should be considered for his bail. 10) Mr. B. Sharma, learned Additional Public Prosecutor, Assam submitted that as the complainant as well as the minor victim girl implicated the petitioner in the alleged crime, the petitioner is not entitled for his bail in said Special (POCSO) Case No. 17/2025. 11) Ms. Choudhury, learned Amicus Curiae submitted that charge against the petitioner under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act, 2012 was framed only on 27.02.2025, whereas, the evidence of the minor victim girl, the informant and other important witnesses are yet to be recorded and as such, the bail prayer of the petitioner should be rejected. 12) From the perusal of the case records, it is seen that the minor victim girl in her statement under Section 183 BNSS before the learned Judicial Magistrate First Class, Cachar at Silchar recorded on 18.11.2024 implicated the petitioner, stating that he being a neighbour used to frequently visit their house and in absence of her parents in the house, he had forceful sexual intercourse with her on two occasions and that the petitioner told the minor victim girl not to Page No.# 4/6 state anything about their relation to her parents. As the minor victim girl was suffering from fever for about a month and was unable to get any relief in spite of the medicines prescribed by the Doctor, the petitioner brought certain medicines and told her to consume those medicines, requesting her not to inform her parents about the same. After consuming such medicines given by the petitioner, the minor victim girl had severe bleeding and on coming to know about it, her mother enquired from her about the same and she had shown the tablets to her mother, the complainant that were given to her by the petitioner. As her mother checked her (i.e. the minor victim girl) by way of Pregnancy Test Kit and found the test result positive, her mother went to the house of the accused petitioner and then the accused petitioner came to their house. 13) Perused the medical report of the minor victim girl issued by the Silchar Medical College and Hospital, Silchar on 17.11.2024, who was examined by the General Duty Medical Officer, Medical and Health Officer-I, Department of Forensic Medicine, Silchar Medical College, Silchar. 14) The General Duty Medical Officer, Medical and Health Officer-I, Department of Forensic Medicine, Silchar Medical College, Silchar, considering the ultra-sonography report of the minor victim girl and other medical tests, opined that— (i) Evidence of recent sexual intercourse has not been detected. (ii) No injury mark detected on her person. (iii) No evidence of intrauterine gestation detected under sonography as on the date of examination. 15) It is seen that after filing of the Charge-sheet in the case in said Dwarbond P.S. Case No. 42/2024 under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act, 2012, the said case was re-registered and numbered as Special (POCSO) Case No. 17/2025. 16) The Court of the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Cachar, Silchar on 13.02.2025 took cognizance of the offence under Section 376 of the IPC, Section 64 of the BNS, 2023 read with Section 6 of the POCSO Act, 2012 against the petitioner. 17) Further, by order dated 27.02.2025, the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Cachar, Silchar framed charge under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act, 2012 against the petitioner and fixed the matter for evidence. 18) As per the Charge-sheet dated 20.12.2024 filed in said Dwarbond P.S. Case No. 42/2024, there are 6 (six) Nos. of named prosecution witnesses and evidence of the prosecution witnesses Page No.# 5/6 are yet to be recorded. 19) Considering the above, the Court is of the view that further custodial detention of the petitioner is not warranted in said Special (POCSO) Case No. 17/2025. As such, this bail application of the petitioner in said Special (POCSO) Case No. 17/2025, arising out of Dwarbond P.S. Case No. 42/2024,is accepted. 20) Accordingly, the petitioner, namely, Sanjay Das, son of late Sailesh Das be released on bail in said Special (POCSO) Case No. 17/2025, arising out of Dwarbond P.S. Case No. 42/2024 on furnishing a bail bond of Rs.75,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Cachar, Silchar subject to the conditions that the petitioner, named above — i) shall appear before the learned Special Judge (POCSO), Cachar, Silchar during its trial of said Special (POCSO) Case No. 17/2025, arising out of Dwarbond P.S. Case No. 42/2024, on the dates fixed, without fail and till conclusion of the said case and further, as and when he is required in the said case; ii) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Cachar, Silchar without obtaining prior written permission from the said learned Court; 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 minor victim girl, her parents or anyone of her family members by him or by anyone acting on his behalf in any manner; vi) shall not come to the vicinity of the minor victim girl or anyone of her family and vii) shall not involve himself in any criminal activities in the future. 21) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Sanjay Das, son of late Sailesh Das,the bail granted to him in said Special (POCSO) Case No. 17/2025, arising out of Dwarbond P.S. Case No. 42/2024, shall stand automatically vacated. 22) This bail application accordingly stands disposed of. Page No.# 6/6 23) The assistance rendered by Ms. Barnita Choudhury, learned Amicus Curiae in adjudicating this case is highly appreciated. The Gauhati High Court Legal Services Committee shall pay the remuneration to Ms. Barnita Choudhury, learned Amicus Curiae who appeared for the complainant/ opposite party No.2,on being appointed by the Court, on raising a bill by her. JUDGE Comparing Assistant