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2026 DAILYLAW 4360 (GAU)

RIJUMONI BORA v. THE STATE OF ASSAM AND ANR

Bail Appln./547/2026 · 2026-04-05

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010035762026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./547/2026 RIJUMONI BORA S/O LATE ANIRAM BORA R/O NAHORNI SOKORA ALI, NEAR HOLLOW GAON, L.P. SCHOOL, KOMAR P.S. DERGAON, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:NIRUPAMA CHOUDHURY W/O SHRI DIPMONI CHOUDHURY R/O DHANSIRIPAR HALMORA GAON P.S. AND DIST. GOLAGHAT ASSAM PIN-785621 Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, MRS. S KHATANIAR, AMICUS CURIAE R2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.04.2026 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam Page No.# 2/3 and Ms. S. Khataniar, learned Amicus Curiae for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, Rajumoni Bora has prayed for releasing him on bail after he was arrested in connection with Golaghat P.S. Case No.31/2026 registered under Sections 75 of the BNS, 2023 read with Section 8 of the POCSO Act, 2012. 3. The case of the petitioner is that on 04.06.2025 the FIR was lodged by the informant alleging that on 31/01/2026, when the informant had gone out of her house leaving her minor daughter alone, the accused petitioner entered into her house and touched various parts of her body and sexually assaulted her. 4. The petitioner was arrested on 05.02.2026, and has spent 60 (sixty) days in custody. In the meantime, the charge-sheet has also been submitted, and the case was fixed for framing of charge. 5. The learned counsel for the petitioner submits that having regard to the period of detention, the prayer for bail may be considered. 6. Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam and Ms. S. Khataniar, learned Amicus Curiae for the respondent No.2 objects to the prayer for bail as the victim has implicated the petitioner in her statement before the Magistrate recorded under Section 313 Cr.P.C. 7. Having regard to the nature of the offense and the period of detention, as well as the fact that the investigation is over, further detention of the petitioner is not deemed to be necessary. Accordingly, the prayer for bail is allowed. Mr. Rajumoni Bora has been released on bail of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the Page No.# 3/3 learned Trial Court in connection with Special POCSO Case No. 22/2026 pending before the Additional Sessions Judge cum Special Judge, POCSO, Golaghat. 8. It is further provided that the petitioner shall regularly appear at the trial and shall not try to influence the witnesses in any manner. JUDGE Comparing Assistant