Page No.# 1/5 GAHC010118962026 2026:GAU-AS:13863 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1579/2026 SRI BIJOY DOLEY SON OF SRI JATIN DOLEY, R/O- DIKHOWMUKH 2 NO ALIMUR P.S.- GAURISAGAR, DISTRICT- SIVASAGAR VERSUS THE STATE OF ASSAM AND ANR REPRESENTED HEREIN BY ITS PUBLIC PROSECUTOR, ASSAM 2:MRS DIPALI GOWALA WIFE OF SRI ANANTA GOWALA RESIDENT OF MITONGPAR POST OFFICE GAURISAGAR DISTRICT SIVASAGAR ASSAM PIN 78566 Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MR. D GOGOI,MR. S BOIRAGI Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE R2 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 18.09.2026. Heard Mr. D. Gogoi, learned counsel for the accused petitioner. Also heard Ms. Page No.# 2/5 S.H. Bora, the learned Addl. P.P., Assam appearing on behalf of the State respondent No.1 as well as Ms. T. Parasar, learned Amicus Curiae appearing for the informant, respondent No.2. This regular bail application under Section 483 of the BNSS, 2023 is filed seeking bail to the accused petitioner, namely, Bijoy Doley who is in jail hajot since 03.05.2025, in connection with the POCSO Case No. 03/2025 (corresponding to Gaurisagar P.S. Case No. 03/2025), under Sections 65(1) of the BNS, 2023, pending in the Court of learned Special Judge, POCSO, Sivasagar. The scanned TCR along with case diary has already been received and perused the same. It is submitted by Mr. Gogoi, the learned counsel that the present accused petitioner is in custody since 03.05.2026 and one of the co-accused has already granted bail by this Court on 15.06.2026, in Bail Application No.1137/2026. The case of the present petitioner is also on the same footing and hence, considering the nature of the offence and law of parity, the prayer for bail of the present petitioner may be considered. The learned counsel further submitted that from the contents of the FIR also, it is seen that the victim girl was quite mature though she is stated to be a minor at the relevant time of incident. The case has already been charge sheeted and the informant as well as the victim of the case has already been examined by the prosecution and hence, the question of hampering in investigation or tampering with the vital witnesses also does not arise at this stage. Apart from two independent witnesses, there are four official witnesses who are yet to be examined by the prosecution, which will Page No.# 3/5 require some reasonable period for closure of the trial. The learned counsel for the accused petitioner further submitted that from the statement made by the victim, it reveals that the relationship was purely consensual one and out of love affairs, they involved in physical relationship. Mr. Gogoi, the learned counsel for the accused petitioner further submitted that the accused petitioner being the permanent resident of the addressed locality, he will produce sufficient surety to the satisfaction of the Court, if he is allowed to go on bail. The learned counsel accordingly submitted that considering the long period of incarceration and the stage of proceeding of the case, he may be allowed to go on bail and he will appear regularly before the learned Trial Court on each and every date, to be fixed by it. Ms. S.H. Bora, the learned Addl. P.P., Assam submitted that admittedly the victim and the informant have already been examined, wherein the victim had incriminated the present accused petitioner in her evidence as well as her statement recorded under Section 183 of the BNSS, 2023. However, Ms. Bora submitted that from her statement it reveals that the relationship was consensual but in the same time, it is also an admitted fact that the victim was a minor and she was not even 13 years of age at the relevant time of incident. Ms. T. Parasar, the learned Amicus Curiae appearing for the informant/respondent No.2 raised objection and submitted that there may be consensual relationship as stated/deposed by the victim but as she was a minor at the time of incident, her consent has no value in the eye of law. Thus she objected and submitted that it is not a fit case to allow the accused petitioner to go on bail at this stage. Page No.# 4/5 Considering the submissions made by learned counsel for both sides, I have also perused the scanned copy of the TCR and also the order furnished by the learned for the accused petitioner, wherein bail was granted to one of the co- accused of the case. From the record as well as from the order it is seen that initially the victim brought some allegations against the present accused petitioner in the FIR but while recording her statement under Section 183 of the BNSS, 2023, she also brought the allegation against the other co-accused. But admittedly it is a case of consensual relationship between the parties. However, it cannot be denied that the victim was a minor at the time of the incident. Further, from the record it reveals that the statements of the informant and the victim have already been recorded by the prosecution and hence, the probability of tampering with the vital witnesses also does not arise at this stage. Considering all these aspects, this Court is of the opinion that further custodial detention of the accused petitioner may not be required and hence, I find it to be a fit case to extend the privilege of bail to the accused petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount, to the satisfaction of the learned Special Judge, POCSO, Sivasagar, the accused/petitioner, namely, Bijoy Doley shall be enlarged on bail, subject to the following conditions: Page No.# 5/5 (i) that the petitioner shall appear before the Court of learned Special Judge, POCSO, Sivasagar, on each and every date to be fixed by the Court; (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/her from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned Special Judge, POCSO, Sivasagar; and (iv) that the petitioner shall not leave the jurisdiction of the learned Special Judge, POCSO, Sivasagar, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant