Page No.# 1/3 GAHC010198602026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2697/2026 RAJA SWARGIARY SON OF LALIT SWARGIARY, RESIDENT OF GOHAIN GAON, VTC GOHAINGAON, PO BARJURI, P.S. SALONA, SUB DIST - SAMAGURI DISTRICT NAGAON, PIN -782139, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:REKHA DEKA WIFE OF LATE DEBOJIT DEKA RESIDENT OF 02 NO. BAPUJI NAGAR NOONMATI KAMRUPM ASSAM PIN - 781020 Advocate for the Petitioner : MR P CHOUDHURY, MS. D SARMAH,MR. P SENGUPTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.10.2026 Heard Mr. P. Choudhury, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, is preferred by accused, Page No.# 2/3 namely, Raja Swargiary, who has been languishing in jail hazot, since 01.08.2026, in connection with Noonmati PS Case No. 127/2026, under Section 87 of the BNS, read with Section 6 of the POCSO Act, for granting bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by Smti. ‘X’ (name withheld), on 31.07.2026. 3.1. The essence of allegations in the FIR is that on 29.07.2026, at around 11 am, the informant found her minor daughter, namely, Smti. ‘X’, aged 15 years 11 months, missing from II No. Papuji Nagar, Noonmati, Guwahati and on inquiry police recovered her daughter from Gohaigaon, under Salona Police Station, Samaguri, Nagaon and later she came to that her daughter was kidnapped by one Raja Swargiary with a promise to marry her. 4. Mr. Choudhury, learned counsel for the accused, submits that the accused was arrested on 01.08.2026 and since then, he has been languishing in jail hazot for last 61 days. Mr. Choudhury further submits that after completion of the investigation, the IO had submitted charge-sheet against the accused to stand the trial in the court, under Section 87 of the BNS. Mr. Choudhury also submits that though the case has been registered under Section 6 of the POCSO Act, but no charge-sheet has been submitted against the accused under the said Section and that maximum period of punishment prescribed for the said Section is up to ten years. Mr. Choudhury further submits that since the accused has been languishing in jail hazot for last 61 days and also charge-sheet has been submitted, he has contended to allow this petition. 5. Per-contra, Mr. Sarma, learned Additional Public Prosecutor, has produced one report from the IO and on the basis of the said report, he submits that the IO had submitted charge-sheet against the accused person under Section 87 of Page No.# 3/3 the BNS. He also submits that Section 6 of the POCSO Act has not been included in the final charge-sheet against the accused. Further, Mr. Sarma has prayed for calling the scanned copy of the record at this stage. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition as well as the documents placed on record and also perused the report of the IO produced before this Court by Mr. Sarma, learned Additional Public Prosecutor. 7. It appears that the accused was arrested on 01.08.2026 and since then, he has been languishing in jail hazot for last 61 days. Further, it appears that the IO has completed investigation and submitted charge-sheet against the accused under Section 87 of the BNS only. 8. Since charge-sheet has been submitted, now there is no scope for hampering the investigation. Moreover, he is behind the bar for last 61 days. 9. Under the given facts and circumstances, this Court is of the view that further custodial detention of the accused may not be warranted. Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant