Page No.# 1/4 GAHC010062992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1029/2026 SMTI. ESTER DAIMARY D/O- SRI AJIT DAIMARI, VILLAGE-LAMDANGPARA, HARISINGA, P.O.-HARISINGA, P.S.-UDALGURI, DISTRICT-UDALGURI, ASSAM, PIN-784510 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, 2:PALLAVI SARMAH CHILD PROTECTION OFFICER PRESENT ADDRESS- JYOTI NAGAR BAMUNIMAIDAN HOUSE NO- 22 A JYOTI ALOI NEAR OLD DUKHIA STORE GUWAHATI PIN-781021 Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,MR. P MAZUMDER,M. BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 20-04-2026 Page No.# 2/4 Heard Mr. S. Chauhan, learned counsel appearing for the petitioner. Also heard the learned APP. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for the grant of bail to the petitioner in connection with Special POCSO Case No. 2/2026 pending in the Court of Special Judge, Udalguri. The FIR, which was lodged on 05.12.2025, reflects that the petitioner had confronted some minor children and had assaulted them publicly. Some videos of the physical assault was also circulated. The learned counsel for the petitioner has submitted that the charges have been framed where the only provision of law under the POCSO that is shown to have been attracted against the petitioner is under Section 12. Mr. S. Chauhan has submitted that the petitioner has completed 136 days in custody and since the charges have been framed, the petitioner undertakes to abide by any conditions that may be imposed upon her, while granting her bail, and she also undertakes to participate in the trial proceedings as and when required. The learned APP has submitted that the bail may not be granted at this stage, since the learned Trial Court has recorded in apprehension that the release of the petitioner on bail at this time may cause prejudice or harm to the body, mind and Page No.# 3/4 reputation of the victim girl. Having heard the learned counsel for the parties perusing the materials on record and the length of detention and further that the accused is a lady aged 23 years with an allegation of assault, this Court is inclined to grant bail at this stage to the accused on the following terms and conditions, subject to her furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Udalguri. (i) that the petitioner shall not contact, intimidate, or influence the victim or their family members, directly or indirectly. The petitioners shall not visit the victim's school, residence, or any area where the child resides. (ii)That the petitioner shall not tamper with Evidence or influence witnesses. (iii) The petitioner shall regularly appear before the court as and when directed to do so. (iv) The petitioner will not commit similar offenses while on bail (v) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (vi) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Udalguri without prior permission. Page No.# 4/4 Bail Application accordingly stands disposed of. JUDGE Comparing Assistant