Page No.# 1/3 GAHC010287722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./75/2026 AKASH DAS S/O SRI CIVIL DAS, R/O VILL. 1 NO. GOROIMARI, P.S. KAMARGAON, P.O. KAMARGAON, DIST .GOLAGHAT, ASSAM 785619 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:SMTI MANJUDAS W/O SRI PRAFULLA DAS R/O VILL. 1 NO. GOROIMARI GAON P.S. KAMARGAON P.O. KAMARGAON DIST. GOLAGHAT ASSAM 78561 Advocate for the Petitioner : MR. D GOGOI, DEVABRATA SAIKIA Advocate for the Respondent : PP, ASSAM, MR. U S BORA (r-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.02.2026 Heard Mr. D. Gogoi, learned counsel for the petitioner and Mr. K. Baishya, learned Addl. Public Prosecutor for the State respondent No. 1 as well as Mr. U.S. Bora, learned counsel for the respondent No. 2. Page No.# 2/3 [2] This application has been filed by the petitioner namely, Sri Akash Das under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Special POCSO Case (Golaghat) No. 67/2024 (Corresponding to Kamargaon P.S. Case No. 19/2024) under Sections 376AB IPC read with Section 6 of the POCSO Act, 2012 and after charge hearing it newly booked under Section 376(3) of the IPC and Sections 6/10 of the POCSO Act. [3] The accused person who is a close relative of the victim lured her and committed penetrative sexual assault upon the victim, it is alleged. [4] The trial of the case is at penaltimate stage and the victim as well as the other witnesses except the I.O. has already been examined. [5] The learned counsel for the petitioner has drawn attention of this court to the notice under Section 50 Cr.P.C. and 50A Cr.P.C. issued at the time of arrest. A bare perusal of the said notices showed no ground of arrest whatsoever has been mentioned therein. Even the arrest memo does not reflect any ground of arrest and the petitioner has spent 632 days behind the bar. [6] Having regard to the fact that the trial is almost over, and there has been violation of the mandatory provision of law as referred to the above, as well as the violation of the direction of the Hon’ble Apex Court in Pankaj Bansal Vs. Union of India, reported in, 2023 INSC 866, the petitioner is entitled to release on bail. [7] Accordingly, the prayer for bail is allowed. The petitioner namely Sri Akash Das shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with one surety of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the Page No.# 3/3 aforementioned case. [8] It is further provided that the petitioner shall cooperate with the trial and shall not try to influence the witnesses or any person acquainted with the facts of the case and shall not hamper or temper with the evidence of the case. [9] In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant