Page No.# 1/3 GAHC010104622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1396/2026 GAUTAM SUTRADHAR SON OF SUNIL SUTRADHAR, RESIDENT OF VILL- 2 NO. OUJARI,P.S.- KHETRI,P.O.- KHETRI,DISTRICT- KAMRUP (M), ASSAM,PIN- 782403. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM. 2:SMTI MALATI DAS WIFE OF SRI BRAJENDRA DAS RESIDENT OF VILL- 2 NO. OUJARI P.S.- KHETRI P.O.- KHETRI DISTRICT- KAMRUP M ASSAM PIN- 782403 Advocate for the Petitioner : MR. SURAJIT DAS, MR. B HUSSAIN,MR SAURADEEP DEY Advocate for the Respondent : PP, ASSAM, MR. C DAS(R2),MR. S D ROY(R2) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 27.08.2026 Heard Mr. S. Das, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sharma, the Addl. Public Prosecutor, Assam. None appears for the Respondent No.2. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Gautam Sutradhar has prayed for releasing him on bail as he is facing trial in Sessions (Spl.) Case No.212/2025 pending in the court of the learned Special Judge (POCSO), Kamrup (M) at Guwahati. 3. At the time of occurrence, the victim girl was a minor and was a student of Class- IX. She used to take tuition classes in the house of the present petitioner. Some other girls also attended the said tuition classes. 4. The petitioner is a married person and the victim girl had developed good relationship with the wife of the petitioner. She also developed good relationship with other members of the petitioner. The victim used to address the petitioner as uncle and his wife as aunty. 5. One day, it was the birthday of the petitioner. His family members had arranged a feast. The family members of the petitioner asked the victim girl to stay back in their house for the night. Accordingly, she stayed back and had participated in the feast. 6. At night, the petitioner allegedly offered the victim girl a glass of fruit juice. The victim girl has claimed that she felt dizzy after drinking the liquid and lost conscious. 7. Next morning, the girl felt pain all over her body and faced trouble at the time of passing urine. 8. After 3/4 months of the said occurrence, the petitioner allegedly made some gestures to the girl asking her to have a romantic relationship with him. He also showed some videos in his mobile phone where the victim girl was lying naked on the floor. The videos also showed some other obscene scenarios involving the girl. 9. The victim girl had informed her mother above the said occurrence and her mother immediately lodged an FIR before police. 10. It may be stated that during the period of investigation, the victim girl had refused to undergo medical examination. Page No.# 3/3 11. While filing this bail application, the petitioner had submitted some materials showing that the victim girl was talking to the petitioner in whatsapp and I have gone through the whatsapp chats. 12. I have gone through the evidence of the victim girl. I have also considered the submissions made by the learned counsels of both sides. Moreover, I have gone through the objection filed by the Respondent No.2. 13. The petitioner has already spent 359 days in judicial custody. The victim girl had already been examined by the trial court. At this stage, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. His bail application is allowed. 14. The petitioner Gautam Sutradhar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (M) at Guwahati Sessions (Spl.) Case No.212/2025. 15. 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 procure his attendance by following due process of law. With the aforesaid direction, the present bail application is disposed of. JUDGE Comparing Assistant