Page No.# 1/4 GAHC010012682026 2026:GAU-AS:8483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./670/2026 SRI SHAMBHUA DAS ALIAS SUKANTA DAS S/O LATE KALICHARAN DAS R/O VILL- KOLIABOR (HATIBANDHA), P.S. NAGAON, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI DEEP BAURI S/O SRI BIJOY BUARIR/O MADHUGOR 11 LINES P.O. BISWANATH DIST. BISWANATH Advocate for the Petitioner : MR. A RAJKHOWA, MR. R P HAZARIKA Advocate for the Respondent : PP, ASSAM, MS. N PODDAR(R2),MR. M L PANDIA(R2) Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-06-20 26 Heard Mr. R. P. Hazarika, learned counsel for the petitioner and Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam. No representation on behalf of the respondent No.2, though they have already filed the objection in matter. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Sri Shambhu Das @ Sukanta Das in connection with Special (POCSO) Case No.34/2025 arising out of Biswanath Chariali P.S. Case no. 73/2025 (corresponding to G.R. Case No. 188/2025) under Section 6 of the POCSO Act. 3. Scanned copy of the TCR has already been received. Perused the same. 4. Mr. Hazarika, learned counsel submitted that the present petitioner is innocent and he has not committed any such offence, as alleged in the FIR. However, till date, six prosecution witnesses have already been examined including the informant, victim and her parents, doctor and one independent witness. 5. The present petitioner is arrested on 09.04.2025 and till date the petitioner is behind the bar for more than one year two months and hence, considering his length of detention, he may be released on bail. 6. The petitioner being the permanent resident of the addressed locality, will regularly appear before the learned Trial Court and will cooperate in the trial by appearing on each and every date to be fixed by the Court. Page No.# 3/4 7. Mr. Baruah, learned APP submitted in this regard that there is allegation against the present petitioner and the case is registered under Section 6 of the POCSO Act. However, it is a fact that the victim, informant as well as her parents have already been examined and the doctor and one independent witness are also examined by the prosecution. 8. Considering the submission made by the learned counsel for the parties and without into the other detail merit of the case and considering the fact that the case is substantially progressed and informant, victim and her parents including one doctor and one independent witness have already been examined by the prosecution, this Court is of the opinion that the question of hampering or tampering with the evidence of the other witness may not arise at this stage and as such, I find it a fit case to grant the privilege of bail to the petitioner. 9. 9. Accordingly, the accused/petitioner, namely, Sri Shambhu Das @ Sukanta Das be released on bail in connection with Special (POCSO) Case No.34/2025 arising out of Biswanath Chariali P.S. Case no. 73/2025 (corresponding to G.R. Case No. 188/2025) under Section 6 of the POCSO Act on furnishing a bond of Rs. 30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Biswanath at Biswanath Chariali subject to the following conditions:- (i) that the petitioner shall appear before the Court of learned Special Judge, Biswanath at Biswanath Chariali, 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/her from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall not leave the jurisdiction of the Page No.# 4/4 learned Special Judge, Biswanath at Biswanath Chariali, without prior permission. 10. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant