Page No.# 1/5 GAHC010099902026 2026:GAU-AS:7985 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/570/2026 SRI KRISHNA KAMAL BARUAH S/O-SRI BANESWAR BARUAH R.O- MEKANAR CHUBURI P.S- TEZPUR DIST- SONITPUR, ASSAM MOBILE NO. 9181851290 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:RAJU TURI S/O LT. RAMA TURI R/O-RAJAPATHAR GAON P.S-DHEKIAJULI DIST- SONITPUR ASSAM PIN -78411 Advocate for the Petitioner : MR J PAYENG, I GOGOI,MS A PAYENG,MS. SUSMITA DOLEY,MS. N S RAJKHOWA Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE R2) Linked Case : Bail Appln./22/2026 SRI KRISHNA KAMAL BARUAH S/O SRI BANESWAR BARUAH R/O MEKANAR CHUBURI P.O BIHAGURI P.S TEZPUR DIST SONITPUR ASSAM Page No.# 2/5 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:RAJU TURI S/O LT. RAMA TURI R/O-RAJAPATHAR GAON P.S-DHEKIAJULI DIST- SONITPUR ASSAM PIN -784110 ------------ Advocate for : MR J PAYENG Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 08-06-20 26 Heard Mr. J. Payeng, learned counsel for the applicant/petitioner and Mr. J. A. Hassan, learned Special Public Prosecutor appearing on behalf of the State respondent and Mr. A. Mishra, learned counsel appearing on behalf of Mr. S. Das, learned Amicus Curiae for the respondent No.2. 2. This interlocutory application has been filed in connection with BA No. 22/2026 seeking for modification of the order dated 18.02.2026, whereby the present applicant was granted bail in connection with Dhula P.S. Case No. 114/2022 (Special POCSO Case No.131/2022) pending before the Court of learned Special Judge, Darrang, Mangaldoi. 3. It is submitted by Mr. Payeng, learned counsel that vide the order dated 18.02.2026 in BA No. 22/2026, the present applicant was granted bail with the following conditions: Page No.# 3/5 “(i) that the petitioner shall appear before the Court of learned Special Judge, Darrang, Mangaldoi, on each and every date to be fixed by the Court; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned Special Judge, Darrang, Mangaldoi; and (iv) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi, without prior permission.” 4. The petitioner is also abiding by all the terms and conditions by appearing regularly before the learned Trial Court as and when the date is fixed for trial. 5. However, as per condition No.(iv) the petitioner was directed not to leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi without prior permission and the bail condition No.(iv) read as under: (iv) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi, without prior permission.” 6. By abiding the said condition, the applicant/petitioner is not leaving the jurisdiction of the learned Special Judge, Darrang, Mangaldoi without prior permission, but as the applicant/petitioner is a permanent resident of Tezpur, Sonitpur and his family resides there at Sonitpur, he has to go to Sonitpur to meet his family, who is presently residing in Bihaguri, Tezpur and his wife is also serving as an SSB Nurse at Tezpur. 7. At the same time, he also has to come to Kamrup district for other case related purpose, but for the condition No.(iv), the petitioner had to take leave from the concerned Court to leave the jurisdiction of Darrang, Mangaldoi which is creating some hardship to the present applicant/petitioner because for that reason only, he is even unable to go to his own residence at Sonitpur leaving the jurisdiction of the learned Special Judge, Darrang, Mangaldoi and that apart the petitioner was in jail for about 4 years and he has some official works in his own district also. Accordingly it is prayed that the condition No.(iv) may be waived by modifying the terms and Page No.# 4/5 conditions of the bail order dated 18.02.2026. 8. However, the petitioner is always ready and willing to appear before the learned Special Judge, Darrang, Mangaldoi on each and every date the case is fixed by the Court and he is also abiding all the terms and conditions imposed on him by the Court while granting him bail. 9. Mr. Hassan, learned Special PP raised objection and submitted tht generally the Court allows such leave application and there is hardly any case where the Court rejects the prayer to leave the jurisdiction of the Court. 10. Further he submitted that this is the only process under which Court is monitoring the accused petitioners and if the said bail condition is waived/modified, there will be no source for the learned Special Judge to monitor the accused and he may leave for any other place without even leave of the Court. 11. Mr. Hassan accordingly raised objection and submitted that he may leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi with prior permission of the Court as per condition of the bail. 12. Mr. Mishra, learned counsel appearing on behalf of respondent No.2 also submitted that it is required to monitor the accused, who is an accused of POCSO case and hence there may be some other direction even if the condition No.(iv) is modified, so that the Court can monitor the presence of the accused/applicant. 13. Considering the submission made by the learned counsel for the parties and I have also perused the case record. It is seen that as per the bail condition No.(iv), the accused was directed not to leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi without prior permission of the Court. However, from the submissions made by the learned counsel for the applicant/petitioner it is seen that the petitioner is a permanent resident of Tezpur, Sonitpur and his family is residing at Tezpur, Sonitpur. So there may be a requirement of visiting Tezpur, Sonitpur as well as Kamrup district for some official work. However, generally the Court allows such prayer Page No.# 5/5 for leaving the jurisdiction if find it justified and reasonable. 14. But considering the entire circumstances of this case, specially the home town of the present petitioner who is a resident of Tezpur, Sonitpur this Court opinion that the condition No.(iv) mentioned in the order dated 18.02.2026 passed in BA No. 22/2026 may be modified to the extent as noted below. 15. In view of above, the condition No.(iv) mentioned in the order dated 18.02.2026 in BA No. 22/2026 may be read as follows: “(iv) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Darrang, Mangaldoi without prior written permission except in visiting to his home district at Sonitpur, Tezpur and to Kamrup district. 16. This order shall form part of the order dated 18.02.2026, passed earlier in BA No. 22/2026 and shall now be read together with the said order dated 18.02.2026 passed in BA No. 22/2026. 17. With the above observation and direction, this interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant