Page No.# 1/3 GAHC010058192025 2025:GAU-AS:3889 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./834/2025 SIMANTA KALITA @ JAAN S/O LATE BUDHIN CH. KALITA R/O TINGIRIMORA KUMAR GAON, P.S. PULIBOR, DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI. DIMPI BORA W/O SRI MRIDUL BORA R/O BORKHONGIA GAON P.S. PULIBOR DIST. JORHAT ASSA Advocate for the Petitioner : MR. T HUSSAIN, MR. J ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 02.04.2025 Heard Mr. T. Hussain, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent No. 1. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Pulibor P.S. Case No. 23/2025, corresponding to G.R. No. 126/2025, under section 8 of POCSO Act. Case Diary, as called for, has not been received as intimated by the learned Additional Public Prosecutor. Further, from the Office Note dated 28.03.2025, it is seen that the service is still awaited on respondent No. 2. In this context, Mr. Hussain, learned counsel for the petitioner, that the present accused/petitioner is behind the bar for last 48 days and hence, the I.O. got sufficient time to interrogate the present petitioner keeping him in custody. However, the petitioner is still ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Das, learned Additional Public Prosecutor, submitted in this regard that from the F.I.R. as well as from the Forwarding Report, it is seen that there is an allegation of sexual assault on 14 year old minor boy and the accused also threatened the informant to withdraw the case. Accordingly, Mr. Das raised objection and submitted that it is not a fit case to grant bail to the present accused/petitioner at this stage. Page No.# 3/3 Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention, I am of the view that the I.O. has got ample opportunity to interrogate the accused/ petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Jorhat, the accused/petitioner, namely, Shri Simanta Kalita @ Jaan, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, POCSO, Jorhat, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant