Page No.# 1/2 GAHC010113812026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1522/2026 SRI CHANDAN JYOTI DAS S/O-SRI SARAT JYOTI DAS R/O-BOCHAGAON P.S. PANIGAON DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:DR SUMITRA KIRTANIA W/O- SRI UDHAY SOM R/O-2/7 TANWAR COLONY SOUTH DUMDUM P.S. DUMDUM DIST. NORTH 24 PARGANAS WEST BENGAL PIN-70007 Advocate for the Petitioner : MR. J C GOGOI, MR. A GOSWAMI,MR. S ALI,MS. K DAS,MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.08.2026 Heard Mr. B Islam, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor for the State of Assam and Ms. T Parasar, the learned Amicus Curiae appearing for the respondent No.2. 2. This is the 2nd Bail Application under Section 483 of the BNSS, 2023, whereby the petitioner Chandan Jyoti Das has prayed for releasing him on bail as he is facing trial in Page No.# 2/2 connection with Special (POCSO) Case No.209/2025 pending in the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. The allegation against the petitioner is that he is the Security Guard of a Girls’ Hostel. He had videographed a girl taking bath in the bathroom. 4. I have gone through the evidence of the victim girl. 5. Mr. Islam has submitted that the petitioner has already spent 302 days in custody and his period of detention should be taken as a ground for releasing him on bail. 6. Mr. Baishya submits that there are incriminating materials against the petitioner in the case diary. 7. I have considered the submissions made by the learned counsels of both sides. 8. This Court had decided to agree with the petitioner that the period of detention undergone by him should be taken as a ground for releasing him on bail. 9. The prayer for bail is allowed. 10. The petitioner Chandan Jyoti Das, who is facing trial in connection with Special (POCSO) Case No.209/2025 arising out of Panigaon P.S. Case No.78/2025 (corresponding to G.R. No.990/2025) shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 11. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have the liberty to proceed with the case in accordance with the procedures as laid down by law. With the aforesaid direction, this Bail Application stands disposed of. JUDGE Comparing Assistant