Page No.# 1/3 GAHC010070942026 2026:GAU-AS:7839 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1048/2026 PRASENJIT BARMAN S/OLT. KALU BARMAN PERMANENT RESIDENT OF VILL- KALIBARI (DANGRI),P.S. SAMUKTOLA, DIST. ALIPURDUAR, WEST BENGAL, PRESENT RESIDENT OF VILL- SATGAON AMBARI, P.S. SATGAON, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:IMRAN HUSSAIN S/O LATE MIR HUSSAIN VILL- BALIGAON P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN-782106 Advocate for the Petitioner : MR M H AHMED, I AMIN,MR M RAHMAN,MD S ALI Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE R2 Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2026 Heard Mr. M.I. Ahmed, learned counsel for the petitioner and learned Amicus Curiae, Ms. T. Parasar is present for the respondent no.2. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Prasenjit Barman, has prayed for bail as he is behind bars since 14.07.2025 in connection with POCSO Case No. 147/2025, registered under Sections 87/65(1)/64(2)(m) of BNS, R/W Section 6 of the POCSO Act, 1985. 3. The learned Additional Public Prosecutor has raised serious objection stating that that the victim is a minor and of impressionable age. Her consent is not a valid consent. The argument of the learned counsel for the petitioner that the victim and the petitioner had a love affair can be safely brushed aside. 4. I have considered the submissions made at the Bar with circumspection. 5. The evidence of the victim and the informant has already been recorded. 6. I have considered the submission that the petitioner is a young lad aged only 21 years. It is also submitted that the victim was residing along with the petitioner in his house along with all his family members and that she was not restrained by the petitioner or anybody from his family. 7. Considering all aspects, it appears that bail may be granted to the Page No.# 3/3 petitioner. Thereby, the above-named petitioner shall be enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of the learned Trial Court, who may impose conditions to secure the attendance of the petitioner. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant