Page No.# 1/3 GAHC010252482025 2026:GAU-AS:1020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3704/2025 PRASANTA RAY S/O- GOJEN RAY, VILL.- SUBHAIJHAR, P.O.- CHOTTO NELIBARI, P.S.- RUNIKHATA, DIST.- CHIRANG, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:TULUMONI DEKA W/O- RAMEN DEKA R/O- MANAHA BELGURI P.S.- JAGIROAD DIST.- MORIGAON ASSAM Advocate for the Petitioner : MR. J AHMED, S AHMED,MR. R ISLAM,H G DAISY,R BEGUM,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, MR D GOGOI(AMICUS CURIAE) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.01.2026 1. Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of POCSO Case No.129/2025 (arising out of Jagiroad P.S. Case No.124/2024), pending in the Court of the learned Special Judge (POCSO), Morigaon under Section 87/64 (1) of the BNS, read with Section 4/14 of the POCSO Act, read with Section 67B of the IT Act, has prayed for releasing the petitioner on bail. 3. The petitioner was allegedly having a relationship with a 17 year old girl, they even had sexual relationship also. The mother of the victim came to know that the petitioner had taken some obscene photographs of the girl and made them viral in social media. 4. The victim girl has refused to undergo medical examination. Learned counsel for the petitioner has submitted that it was a love affair between the girl and the boy. 5. Learned Additional Public Prosecutor has objected to this bail application on the ground that the petitioner has allegedly uploading obscene photographs of the girl in the social media and he further submitted that the victim girl has implicated the petitioner in her statement that was recorded under Section 183 of the BNS. 6. Learned counsel for the petitioner has submitted that the victim girl has also Page No.# 3/3 not came to the Trial Court to give her evidence and by that time, the petitioner has already spent 232 days in judicial custody. 7. I have considered the submissions made by learned counsel for the both sides. 8. Considering the long period of detention, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 9. Therefore, the bail application of the petitioner is allowed under the given circumstances. 10. Therefore, the petitioner Prasanta Ray, who is facing trial in POCSO Case No.129/2025 (arising out of Jagiroad P.S. Case No.124/2024), pending in the Court of the learned Special Judge (POCSO), Morigaon shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Morigaon. 11. The petitioner is directed to approach before the Trial Court on each and every date of hearing, if he fails to do so, the Trial Court shall have the liberty to procure his attendance in accordance with the procedure as laid down by law. 12. With the aforesaid direction, the Bail Application stands disposed of. JUDGE Comparing Assistant