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2026 DAILYLAW 6461 (GAU)

JURI DAS v. THE STATE OF ASSAM AND ANR

Bail Appln./1097/2026 · 2026-05-13

Pranjal Das

body2026

Judgment text

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Page No.# 1/4 GAHC010076532026 2026:GAU-AS:6691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1097/2026 JURI DAS W/O PRADIP DAS R/O BAGTA P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:S.I. KUSHAL DEKA (INFORMANT) GORCHUK POLICE STATION Advocate for the Petitioner : MR. R SARMA, D SARMA,A H CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PRANJAL DAS ORDER 14.05.2026 1. Heard Mr. R. Sarma, learned counsel appearing for the accused petitioner Page No.# 2/4 as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent and Mr. T.R. Deuri, learned Amicus Curiae appearing for respondent No.2. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Juri Das, praying for grant of bail in connection with Session (Spl.) Case No. 217/2025 arising out of Gorchuk P.S. Case No.269/2025 under Sections 6 of POCSO Act, Section 143(5)/144(1) of BNS R/W Section 3(2) (a)/4/5(1)(d)(ii) of Immoral Traffic (Prevention) Act, 1956. She was arrested on 01.10.2025. 3. The allegations against the petitioner is about involvement in trafficking of minor girls and forcing them into prostitution at a hotel in Guwahati. The victims are stated to be from the district of Kokrajhar. It is submitted by the learned counsel that so far out of 10 listed witnesses, 5 witnesses have been examined including the victim and the informant and that the testimonies suffer from contradictions. It is also submitted about the length of detention. 4. This is a subsequent bail application as an earlier bail petition seeking bail for the accused was rejected on 08.04.2026 after perusal of the case diary passed in Bail Appln. 891 of 2026. 5. The updated TCR was called for again and received. 6. Mr. R. Sharma, the learned counsel for the petitioner, praying for allowing this subsequent petition submits that ever since the arrest of the petitioner on 01.10.2025, she has been in custody and considerable time has also elapsed in the meantime. It is submitted that trial has also progressed including the examination of the two alleged victim girls. It is submitted that she may be Page No.# 3/4 granted bail on any conditions. 6. Mr. K. Baishya, learned Addl. P.P. submits that there are no subsequent grounds of any significant nature after the date of rejection on 08.04.2026 and that at that time also the victims had already been examined. Both the victim girls were examined during the trial on 20th February, 2026. The prosecution does not dispute that five witnesses have been examined out of 10(ten) listed witnesses. As also noticed in the earlier bail application, both the victim girls have implicated the present petitioner as the person who had lured and forced them into immoral trafficking. 7. The learned counsel for the petitioner had contended that there is dispute regarding the identification of the petitioner. 8. In this context, the prosecution has drawn my attention to the testimony of the victim girls regarding the aspect of identification. 8. Mr. Deuri, learned Amicus Curiae appearing on behalf of the informant and victim side submits that one of the victims happens to be a minor and that on the basis of the materials, the ingredients of Section 143/144 BNS are attracted and that the petitioner stands implicated with regard to those penal provisions. 9. Upon considering the materials revealed and giving my anxious consideration to the matter – I am of the view that though the nature of the allegations are serious undoubtedly and the materials have also revealed implications against the petitioner - nevertheless, considering the length of detention and progress of trial, more importantly, the fact that the evidence of the victims are completed - I am of the considered view that the petitioner can perhaps be granted bail at this stage, by accepting this subsequent bail petition. Page No.# 4/4 One co-accused was also granted bail today though he stands a somewhat difficult footing. 10. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Session (Spl.) Case No. 217/2025 arising out of Gorchuk P.S. Case No.269/2025 under Sections 6 of POCSO Act, Section 143(5)/144(1) of BNS R/W Section 3(2)(a)/4/5(1)(d)(ii) of Immoral Traffic (Prevention) Act, 1956, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount to the satisfaction of learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup. 11. The direction for bail is further subject to the conditions:- (a) That the petitioner shall be available during the remaining trial; (b) That the petitioner shall not hamper or tamper with evidence; and (c) That the petitioner shall not intimidate or harass or try to influence any witnesses. 12. Violation or breach of any condition(s) shall entail cancellation of bail. 13. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant