Page No.# 1/5 GAHC010019492026 2026:GAU-AS:3055 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./331/2026 HARE KRISHNA MONDAL ALIAS HARE KRISHAN MONDAL AND ANR S/O-TUSHTA MANDAL 2: UTPAL MANDAL S/O-KHUSHI MONDAL BOTH ARE RESIDENT OF VILL- LALMATI DURAMARI P.O.- LALMATI P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783384 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. 2:SURYA MANDAL S/O LT NARAYAN MANDAL VILL- LALMATI DURAMARI PO- LALMATI PS- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783384 Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,MR A K KHAN Advocate for the Respondent : PP, ASSAM, M ISLAM(R2) BEFORE Page No.# 2/5 HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.02.2026 Heard Mr. A.K. Azad, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Addl. Public Prosecutor appearing for the State and Mr. M. Islam, learned counsel appearing for the respondent No. 2. By this application, the petitioners have sought for bail in connection with Spl.(P) Case No. 55(A)/2025 under Section 64(2)(m) of BNS, 2023 read with Section 6 of the POCSO Act, arising out of Abhiyapuri P.S. Case No. 53/2025. The FIR dated 09.03.2025 lodged by the father of the victim reveals that his 15 year old daughter was sexually harassed by accused No. 1 named in the said FIR after giving proposal of love to her. It is stated that the accused No. 1 used to take his daughter to different places and sexually harassed her and made video recording by his mobile phone and that he had threatened her not to disclosed the fact to anyone otherwise he would kill her. It is also alleged in the FIR that after the main accused had taken his daughter and sexually harassed her, the friends circle of the main accused had also sexually harassed his daughter by taking her to different places. The petitioners are arrayed as accused Nos. 3 and 4 in the said FIR. The police on receipt of the FIR, lodged the case under Section 70(2) of BNS read with Section 6 of the POCSO Act. Thereafter, on completion of the investigation, the police submitted charge Page No.# 3/5 sheet against the petitioners and others on 30.04.2025 and in the said charge sheet, the Investigating Officer stated inter-alia that a prima facie case is established against the petitioners and others. In the said charge sheet, it was also stipulated that during investigation, the mobile phone of accused No. 1 was analyzed and no video was found as stated in the said FIR. In the said charge sheet, the report of the doctor was also reflected where the doctor stated that it could not be ascertain whether she was raped or not. Mr. A.K. Azad, learned counsel for the petitioners submitted that the petitioner No. 1 was arrested on 17.06.2025 and since then he is inside the jail and petitioner No. 2 had surrendered before the Court on 01.07.2025 and since then he is inside the jail. He also submits that the main accused person has also been released on bail. As such, he prays that the present petitioners may also be released on bail in the said facts. Per contra, Ms. A. Begum, learned Addl. Public Prosecutor for the State submits that the allegation against the petitioners are very serious and the case was registered under Section 70(2) of BNS i.e., gang rape and also submits that the petitioners who were friends of the main accused No. 1 had taken the victim to different places and committed sexual harassment with her and had threatened the victim not to divulge the incident to anyone otherwise they Page No.# 4/5 would kill her and the victim being minor 15 years of age, the learned Addl. Public Prosecutor prays that no bail be granted to the petitioners. Same are the statements made by the learned counsel for the respondent No. 2, who further submits that the instant application may be considered after examination of witnesses arrayed in the said case at least after examination of the victim. On consideration of the submissions made by the learned counsels more so in view of the fact that the charge sheet shows that no video recording was found from the mobile phone of the main accused person i.e., accused No. 1 and that there are no corroborative evidence by the doctor and also because of the fact that the petitioners were inside the jail for a considerable length of time, this Court finds it fit to release the petitioners on bail on furnishing of a bail bond of Rs. 20,000/- each with one (1) local surety each of the like amount to the satisfaction of the learned Special Judge (POCSO), North Salmara, Abhayapuri under the following conditions:- 1. The petitioners would not approach the victim girl at any point of time or any under circumstances whatsoever. 2. The petitioners would not tamper with the evidence or influence the witnesses connected with the present case. 3. The petitioners would corporate with the trial of the case and would Page No.# 5/5 appear before the Court on each and every day. Petition is disposed of. JUDGE Comparing Assistant