Page No.# 1/2 GAHC010024462026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./403/2026 SUMESWAR PHUKAN SON OF SRI BHOBEN PHUKAN R/O VILL- DURPANG,P.S. NARAYANPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RAJEN ROY S/O LATE GOKUL ROY (CHILD MARRIAGE PROHIBITION OFFICER) R/O PANJAARI NARAYANPUR IN THE DISTRICT OF LAKHIMPUR ASSAM PHONE NO. 739966779 Advocate for the Petitioner : MR S DEWRI, TAWHID LASKAR,MR A DEKA Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard Mr. S Dewri, learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, learned Additional Public Prosecutor for the State of Assam and Mr. S Das, the learned Amicus Curiae appearing for the respondent No.2. Page No.# 2/2 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Sumeswar Phukan has prayed for releasing him on bail, after he was arrested in connection with Session (Special) Case No. 213/2025 (arising out of Narayanpur P.S. Case 63/2025) pending in the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. 3. The petitioner allegedly married a minor girl. In her statement u/s 164 Cr.P.C., the girl has stated that she fell in love with the present petitioner and eloped with him. She further stated that she married the present petitioner and has been living with him as his wife. They even had physical relationship with each other. 4. Police filed the charge-sheet under Section 9 of the Prohibition of the Child Marriage Act, 2006 read with Section 6 of the POCSO Act. The petitioner has spent 148 days in custody. Charges are yet to be framed by the trial court. 5. I have considered the submissions made by the learned counsel of both sides. 6. After considering the submissions made by both sides, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. His Bail Application is allowed. 7. It is hereby directed that the petitioner Sumeswar Phukan, who is facing the trial before the court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in connection with Session (Special) Case No. 213/2025, shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur. The petitioner is directed to appear before the court below on each and every date of hearing. If the petitioner fails to appear before the trial court without showing sufficient reasons, the trial court shall be at liberty to procure his attendance in accordance with the procedures as laid down by law. 8. With the aforesaid direction, this Bail Application stands disposed of accordingly. JUDGE Comparing Assistant