Page No.# 1/4 GAHC010010642026 2026:GAU-AS:2412 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./176/2026 HARIDEV BAISHYA S/O- GANESH BAISHYA. R/O- NIZARAPAR, P.S.- PRAGJYOTISHPUR, DIST.- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE PP, ASSAM 2:TILOK MEDHI S/O- LATE RAJANI MEDHI. R/O- SUTAKAL NTC P.S.- PRAGJYOTISHPUR DIST.- KAMRUP(M). ASSA Advocate for the Petitioner : MR. A AHMED, U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR S AFRIDI(R2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 1. Heard Mr. Ahmed, learned counsel for the accused applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Page No.# 2/4 Assam, as well as Mr. S. Afridi, learned counsel appearing for respondent No. 2, the informant. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of bail to the petitioner, who has been in custody since 09.08.2025, in connection with Special POCSO Case No. 177/2025 arising out of Pragjyotishpur P.S. Case No. 101/2025, registered under Section 87 of the BNS read with Section 4 of the POCSO Act, and pending before the Court of the learned Special Judge (POCSO), Kamrup (M). 3. An FIR was lodged on 08.08.2025 by the father of the victim girl, stating that his minor daughter, who was about 15 years old, went missing on 06.08.2025 at around 8:30 PM. On the basis of the FIR, Pragjyotishpur P.S. Case No. 101/2025 was registered against the accused applicant under Section 87 of the BNS read with Section 4 of the POCSO Act. 4. It is seen that the girl, along with the accused applicant, was recovered by the family members after two days, and the accused applicant was arrested on 09.08.2025. After the investigation, the police filed the charge sheet against the accused applicant; accordingly, the charges were framed, and the case is pending trial before the Court of the Special Judge Page No.# 3/4 (POCSO), Kamrup (M). 5. The learned counsel for the accused applicant submits that the accused applicant and the girl had been in a love relationship for about six months, and that the girl voluntarily went with the accused applicant, after which they had a physical relationship. He further submits that the accused applicant is a young boy of 19 years and has already spent more than eight months in custody. Therefore, taking into account his age as well as the period of detention, this Court should grant him bail at this stage. 6. Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam, on the other hand, submits that there are incriminating materials indicating the involvement of the accused applicant in the instant case; therefore, bail should not be granted to the accused applicant at this stage. 7. This Court has gone through the TCR produced before it and has also heard the submissions made by the counsel appearing for the respective parties. Taking into account the facts of the case and the period of detention of the accused applicant for the last eight months, who is a young boy of 19 years, 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 shall be released from jail on furnishing a bail bond of Rs. Page No.# 4/4 20,000/- with a surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (M), subject to the following conditions: i. That the accused applicant appear before the trial court as and when required. ii. That the accused applicant shall not try to get in touch with the victim girl and any of the members of her family during the course of the trial. iii. That the accused applicant shall not try to tamper or hamper with any of the witnesses involve in the instant case in whatsoever manner. 8. In view of the aforesaid directions, this instant bail application is allowed and disposed of. JUDGE Comparing Assistant