Page No.# 1/4 GAHC010003862026 2026:GAU-AS:2418 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./65/2026 PARTHAPRATIM BORAH S/O. HERAMBAR BORAH, R.O- PALASHANI GAON, SHANTI PATH, P.O - GOHAIN GAON, DIST - SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP ASSAM 2:RODALI BORUAH R.O- JAIL ROAD DIBRUGARH PIN - 78600 Advocate for the Petitioner : MR. A KHANDAKAR, MR P J DUTTA,MR B P BORAH Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, (AMICUS CURIAE, R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 Heard Mr. B. P. Borah, learned counsel for the accused-applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent as well as Mr. A. Phukan, learned Amicus Curiae appearing for the respondent no. 2. Page No.# 2/4 2. This is an application under Section 483 of BNSS, 2023, praying for granting bail to the accused-applicant in connection with Special Case POCSO Case No. 104/2025, pending before the learned Addl. District & Session Judge-cum-Special Judge, POCSO, arising out of Diburgarh P.S. Case No. 261/2025, registered under Section 351(2) of the BNS, read with Section 4/6 of POCSO Act, 2012, read with Section 9 of Prohibition of Child Marriage Act, 2006 and further added Section 6/12 of the POCSO Act & Section 115(2)/64(2)(m) of the BNS. 3. An FIR was lodged on 06.08.2025, by the informant, alleging that her young daughter of 17 years was forced to have a physical relationship by the accused-applicant and thereafter, he threatened her to get married to him, otherwise, he will make viral the video recording of their intimate act. It was alleged that without having any option left, the victim girl eloped with the accused-applicant and thereafter, it was alleged that the family of the accused-applicant intimated them that if the victim girl did not marry the accused-applicant, he would commit suicide and the family of the girl would be responsible for the same. It was alleged that because of that statement, the informant did not inform anything to the police at that point of time. It was alleged that without intimating the family of the victim girl, the accused-applicant married the victim girl and thereafter, the accused-applicant as well as the family members of the accused-applicant started torturing her after drinking. Later on, when the victim girl told her the details of those activities, the informant went to Dibrugarh and kept them in a rented house. However, since the accused-applicant was torturing the victim girl and tried to force her to have physical relationship with other people, she resisted to the same and those acts were divulged to the informant and she filed the FIR. 4. On receipt of the FIR, the Police registered Diburgarh P.S. Case No. 261/2025, under the aforementioned Sections against the accused-applicant. 5. Mr. Borah, learned counsel appearing for the accused-applicant, submits that this is a case wherein the accused-applicant and the victim girl were in love relationship and Page No.# 3/4 they had physical relationship for some time and, in fact, the victim girl, who is of 17 years 6 months, eloped with the accused-applicant voluntarily and thereafter, they got married in a Mandir, and thereafter, they started living together at Dibrugarh. However, after some time, there were some quarrel between the victim girl as well as the accused- applicant and because of that the FIR was lodged by the informant. He submits that this is a case, wherein, due to marital disputes, some allegations have been falsely made in the FIR. He further submits that as per the Birth Certificate of the victim girl, the victim girl is of more than 17 years of age at the time when the alleged commission of rape happened. The learned counsel for the accused-applicant also submits that Charge-sheet in the instant case has already been submitted, however, charges are not framed as yet. Therefore, he submits that in view of the facts and circumstances, the accused-applicant should be allowed to go on bail at this stage. 6. Mr. Parasar, learned Addl. P.P., on the other hand, opposes the bail application as the charge is yet to be framed. His submission was supported by the learned Amicus Curiae and he also opposes granting of bail to the accused-applicant at this stage. 7. This Court has gone through the materials that have been brought before this Court and also perused the TRC relating to the case. 8. After hearing the submissions made by the counsel appearing for the parties, this Court is of the considered opinion that the accused-applicant should be granted bail at this stage. Accordingly, it is directed that the accused-applicant to be released forthwith on bail on furnishing of bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with surety of like nature to the satisfaction of the learned Addl. District & Session Judge- cum-Special Judge, POCSO, Dibrugarh, subject to the following conditions:- (i) that the accused-applicant shall appear before the Trial Court as and when required; (ii) that the accused-applicant shall not directly or indirectly make any Page No.# 4/4 inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; (iii) that the accused-applicant shall not tamper with the evidence nor hamper the investigation in any manner whatsoever; 9. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant