Page No.# 1/3 GAHC010041242026 2026:GAU-AS:6904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./818/2026 LAKHAN BISWAKARMA S/O LATE DHAN BAHADUR BISWAKARMA, R/O BIRUBARI NIZARAPAR, P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:ALAISHRI BRAHMA WOMEN POLICE CONSTABLE WPC/2559 D/O MONESWAR BRAHMA R/O BIRUBARI O.P. GUWAHATI PS. PALTAN BAZAR KAMRUP (M) GUWAHATI ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR S DEKA, MR. C TALUKDAR Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-05-2026 Heard learned counsel Mr. S. Deka for the petitioner, learned Additional Page No.# 2/3 Public Prosector Mr. R.J. Baruah for the respondent State and learned Amicus Curiae Dr. P. Agarwal for the respondent No. 2. 2. The petitioner, Lakhan Biswakarma, has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 18.12.2024 in connection with Sessions (Special) Case No. 37/2025 arising out of Paltan Bazar P.S. Case No. 457/2024 under Section 87 of Bharatiya Nyaya Sanhita, 2023 r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, pending in the Court of Additional Sessions Judge- cum-Special Judge (POCSO), Kamrup (M). 3. It is submitted on behalf of the petitioner that the petitioner is not involved in kidnapping the minor victim ‘X’. The victim eloped with the petitioner on her own volition. The petitioner did not compel the petitioner to elope with him. It is submitted that the petitioner is a married man and as he is behind bars, his family is suffering immensely. The petitioner is willing to cooperate with the remaining part of the trial. 4. Serious objection has been raised from the respondents side as the case is at the fag end of the trial. The Investigating Officer is the only witness left to be examined and trial will be concluded soon. It is further submitted that as the victim is a minor, under 18 years, her consent is no consent at all. 5. I have considered the submissions at the bar with circumspection. The evidence of the victim has already been recorded. It appears that trial may not be adversely affected as the petitioner is willing to cooperate with the remaining part of the trial. I have also considered the submission that the petitioner is a local resident and he is not a flight risk. Page No.# 3/3 6. Considering all aspects and in view of the foregoing discussions, the petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) to the satisfaction of the learned Trial Court under the conditions that :- (i) the petitioner shall not leave the jurisdiction without prior permission till completion of trial, (ii) the petitioner shall not go anywhere near the vicinity of the victim, (iii) the petitioner shall not tamper with the evidence and, (iv) the petitioner shall not exercise threats to the witnesses. 8. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant