Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010040562025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./564/2025 RANJIT BARMAN S/O BHADRESWAR BARMAN R/O VILL- BOGULAMARI, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP.BY THE PP, ASSAM 2:SRISUTPARANI DEY W/O RNAJAY KUMAR DEY VILL-NO. 2 GARUGAON P.S. AND DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR A K AZAD, Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2)
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 04.04.2025
Page No.# 2/3 Heard Mr. A. K. Azad, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent No.1 and Ms. S. Nath appearing on behalf of Dr. P. Agarwal, learned Amicus Curiae appearing for respondent No.2. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Ranjit Barman, has prayed for grant of bail in connection with Bongaigaon P.S. Case No.33/2025 under Sections 75(i)(ii)/77 of the BNS, R/W Section 12 of POCSO Act, 2012, R/W Section 66E/67 of I.T. Act,2000. The matter relates to sexual harassment towards the victim girl by the accused petitioner. It is submitted by the learned counsel for the petitioner that the petitioner has been arrested on 03.02.2025 and has completed the mandatory period of 60 days in judicial custody. As per FIR the allegation against the petitioner is that the petitioner has love affair with the victim girl and uploaded some obscene photograph of the victim girl. However, the petitioner is totally denied about uploading of any photographs of the victim girl. Considering the length of detention, the petitioners may be enlarged on bail. On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor has produced the case diary along with the statement of the victim girl and submitted that length of detention may be considered. Ms. S. Nath, learned Amicus Curiae appearing for respondent No.2 submits that bail may not be considered as the victim is the adjacent neighbor of the petitioner. Having heard the learned counsel for both the parties and on perusal of the case diary it reveals that the accused petitioner was arrested on 05.02.2025 i.e. 58 days
Page No.# 3/3 in judicial custody. Apparently, case is ready for submission of charge-sheet.
Under such backdrop, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner named above, shall be released on bail furnishing bond of Rs.40,000/- (Rupees Forty Thousand) with one suitable surety of the like amount to the satisfaction of learned Special Judge (POCSO), Bongaigaon. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge (POCSO), Bongaigaon, Assam without prior written permission from him/her. (b) shall not hamper with the investigation and tamper with the evidence of the case; (c) 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 him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant