Page No.# 1/8 GAHC010033842026 2026:GAU-AS:7222 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./502/2026 KABIR RANJAN DEKA S/O SRI PRADIP KR. DEKA, R/O BARPUJIYA NIZ MILIGAON, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN 782103 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:JAHUR UDDIN CHOWDHURY R/O VILL- FAUZDARY PATTY THOUGISUT ROAD P.O. AND P.S. NAGAON DIST. NAGAON ASSAM PIN-782001 Advocate for the Petitioner : MS. M DEV, MS P DEB,MS N DEB Advocate for the Respondent : PP, ASSAM, MR. U CHOUDHURY(R2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.05.2026 Page No.# 2/8 Heard Ms M. Dev, learned counsel appearing for the accused applicant. Also heard Ms S. H. Bora, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of the BNSS, 2023 praying for bail to the accused applicant in connection with Special POCSO Case No.278/2025, under Section 6 of POCSO Act, read with Section 67A of the I.T. Act (arising out of Nagaon P.S. Case No.625/2025 registered under Section 75/77 BNS, read with Section 6 of the POCSO Act, read with Section 67A of the I.T. Act.) 3. The gist of the case is that an FIR was lodged on 07.08.2025 by the informant, namely, Jahur Uddin Chowdhury, alleging, inter alia, that his daughter X is a student of Class-X of Christ Jyoti Senior Secondary School (CBSE); that she is a child of 15 years old (Copy of Birth Certificate is attached); that since the days of her Class-VIII, a boy, identified as Kabir Rajan Deka, the accused applicant had been mentally and physically harassing his daughter by sending her online threatening massages, obscene computer-generated nude photos, inappropriate videos, etc. through internet using her facial image; that he had also circulated those obscene photos and videos to her classmates; that since the culprit couldn't be identified initially, necessary legal action could not be taken at that time; however, of late, the name of the culprit was identified as Kabir Ranjan Deka; that he lastly sent inappropriate videos to his daughter on 21.11.2024 wherein, he had secretly recorded the moment while he had forcefully caused penetrative sexual assault upon his daughter; that he had forcefully committed penetrative sexual assault upon her several times Page No.# 3/8 and thereafter, started blackmailing her; that he lastly committed forceful penetrative sexual assault on her on 20.04.2025 and he had secretly videographed such activities in camera; that if his mobile phone is enquired into, everything will come into light; that accused recently resurfaced again and started blackmailing his daughter threatening to release the materials, unless his demands were met; that due to aforesaid activities of the accused person, his daughter was in severe emotional distress and same have disrupted her academic focus and well- being; that the accused has been threatening her that if the family members of his daughter takes any legal action against him, his daughter will have to face severe consequences. 4. After receipt of the FIR, the police has registered a case being Nagaon P.S. Case No.625/2025, under aforementioned sections. After his arrest, he was produced before the learned Special Judge (POCSO), Nagaon on 07.08.2025 and since then he is in judicial custody. 5. Ms M. Dev, learned counsel appearing for the accused applicant submits that a false FIR has been lodged against the accused applicant by the informant. She submits that statement of the victim girl was recorded under Section 183 of BNSS, 2023 and from the aforesaid statement, it can be seen that the whole story is concocted and the accused applicant has been falsely implicated in the case in collusion with the police of Nagaon police station. The learned counsel further submits that the accused applicant has been falsely implicated by the informant in connivance with one Shri Biju Ram Borah, against whom, the petitioner had lodged a complaint on 14.02.2024 before the Hon’ble Chief Minister of Assam, for Page No.# 4/8 causing sexual harassment on a minor student of Morigaon District. She submits that the aforesaid Biju Ram Borah was a tutor of the victim along with the other students at Morigaon and had committed sexual harassment to a minor student. And on the basis of the aforesaid complaint of the accused applicant, the police had registered a case being Mikirbheta P.S. Case No.55/2024 under Section 376(2)(1)/511 IPC read with Section 8 of the POCSO Act. She submits that on the basis of the aforesaid complaint, Biju Ram Borah was arrested and charge-sheeted. She submits that the aforesaid Biju Ram Borah is facing trial before the learned Special Judge (POCSO), Morigaon. She submits that the aforesaid Biju Ram Borah since having a good relationship with the victim girl, with retaliatory motive, the said Biju Ram Borah in connivance with the informant and the victim, caused lodging of the instant FIR against the accused person to harass him. 6. The learned counsel submits that in the instant case, there are violations of Section 36, Section 47 and Section 48 of the BNSS, 2023 as the aforesaid mandatory notices were not properly served to the accused applicant while he was arrested by the police. She submits that though charge sheet has been filed in the instant case and charges have been framed, trial has not proceeded due to absence of the informant and the victim before the trial court. She submits that the accused applicant is a bright student of 24 years of old and has a bright future and in the event, of his prolonged custody in jail, his whole career will be jeopardised. 7. In view of the aforesaid submissions, the learned counsel appearing for the accused applicant submits that the accused applicant, since Page No.# 5/8 belongs to a respectable family, he should be allowed to go on bail, at this stage with sufficient conditions for his regular appearance before the trial court. Ms M. Dev, learned counsel also submits that the accused applicant is suffering from a severe ailment of kidney stone and he requires immediate surgery and same can be only available when the accused applicant is given liberty and bail to go for such surgery. 8. Per contra, Ms S. H. Bora, learned Additional Public Prosecutor for the State submits there is no violation of any of the mandatory provisions of BNSS, 2023 while arresting the accused applicant. She submits that neither any material is available in the case diary nor in the TCR to suggest that the FIR has been filed as a retaliatory move by the informant in connivance with the aforesaid Biju Ram Borah. She submits that materials available in the TCR, prima facie, makes out a case of involvement of the accused applicant in the instant case. Therefore, she opposes the prayer for bail of the accused applicant. 9. Mr. U. Choudhury, learned counsel appearing for the respondent No.2 supports the submissions made by the learned Additional Public Prosecutor. He submits that a false story has been tried to be made out by the accused applicant by alleging the involvement of one Biju Ram Borah. The learned counsel by referring to the page-44 of the instant application i.e. the complaint sent by the E-mail dated 14.02.2024 to the Hon’ble Chief Minister, Assam, whereby, the aforesaid Kabir Ranjan Deka, the accused applicant, alleged a crime of rape on a 14 years old girl, occurred in the year 2023, within the premises of a tuition centre, he submits that though a complaint was filed, there was no name of any accused Page No.# 6/8 mentioned in the complaint. Therefore, he submits that the aforesaid mail cannot be connected to the aforesaid Biju Ram Borah, as alleged by the accused applicant in the instant case. He submits that the victim girl is a minor girl, who is going through a trauma because of the alleged offence committed on her by the accused applicant and at this stage, bail should not be granted to the accused applicant. 10. TCR in the instant case has been received and same has been minutely perused by this Court. Though there is a submission made by the learned counsel appearing for the accused applicant that the informant in connivance with the aforesaid Biju Ram Borah has falsely filed the FIR, there is no material found o substantiate such claim in the TCR as well as in the bail application filed by the accused applicant. On perusal of the TCR as well as the statement available of the victim, informant as well as other witnesses recorded under Section 183 of the BNSS, 2023, it is prima facie seen that sufficient incriminating materials are available pointing figures to the accused applicant of his commission of the alleged offence. It is also seen from the TCR that the charges have already been framed against the accused applicant. The victim as well as the informant have been participating in the trial on a regular basis, except on a few occasions, when they could not be present before the trial court. It is also seen from the TCR that there is no violation of the Sections 36, 47 and 48 of the BNSS, 2023 committed by the police authorities while arresting the accused applicant. It is seen from the records that arrest memo was duly prepared as per the law and notices under Section 47 was issued to the accused applicant as well as notice under Section 48 of the BNSS, 2023 had been issued to the father of the accused applicant. Page No.# 7/8 11. Taking into account the prima facie incriminating materials available against the accused applicant, this Court is not convinced for granting bail to the accused applicant, at this stage. 12. This Court vide its order dated 20.02.2026 directed the Jail Superintendent through the office of Public Prosecutor to produce a medical report as to the health status of the accused applicant. A report from the Superintendent, Central Jail, Nagaon has been received by the office of the Additional Public Prosecutor, Assam and the same has been produced before this Court by the learned Public Prosecutor, which is kept on record by marking ‘X’ and the same reveals that the accused applicant is suffering from certain ailments relating to kidney stone and he may be required to go through a surgery. 13. It is also seen from the documents available in the bail application that the accused applicant is suffering from ailments relating to kidney stone and he may require to go through some surgery for his treatment of the same. Therefore, it is directed to the jail authorities that the accused applicant shall be given proper medical attention and, whenever, he is required to go through such surgery, immediate action shall be taken by the jail authorities for such surgery. 14. The accused applicant shall be at liberty to approach the jail authorities, as and when, he is in requirement of such medical treatment including the surgery. 15. In terms of the aforesaid directions, this instant bail application is disposed of as rejected. Page No.# 8/8 JUDGE Comparing Assistant