Page No.# 1/5 GAHC010097162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1310/2026 JYOTSHNA KALITA ALIAS RUPALI KALITA W/O SRI HIRANYA KALITA R/O VILL- RAMPURIABAHAR, P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SMTI. MALABIKA KALITA (INFORMANT) W/O DWIJENDRA SAHARIAH O/O THE D.C.P.O. KAMRUP AMINGAON P.S. NORTH GUWAHATI DIST. KAMRUP ASSA Advocate for the Petitioner : MR SAURADEEP DEY, MR. A NAYAK,MS. M SEAL,HEMANTA DEKA Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R2 Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 17.06.2026 Heard Mr. S. Dey, learned Counsel for the petitioner, Mr. M.P. Goswami, learned Additional Public Prosecutor for the State and MS. M.K. Brown, learned Counsel for the respondent no.2. 2. By this application, the petitioner has prayed for bail in connection with Sessions Special POCSO Case No. 137/2023 arising out of North Guwahati P.S. Case No. 104/2023 registered under Section 376(AB)/109/313 of the IPC read with Section 6 and 17 of the POCSO Act. The petitioner is charged by an FIR dated 28.08.2023, which reveals that the informant got a call from the Head Teacher of Dolibari High School informing him that a student of his school was assaulted sexually by her step father for several years. On the said information, the informant visited the school and met the victim and the victim stated to him that her step father was sexually harassing her for several years. The victim also stated to him that initially her step father use to sexually harass her in absence of her mother and that her step father used to threaten her not to tell the incident to anyone and that on arrival of the mother, the victim divulged the incident to her but her mother did not take any action. It is also stated by the victim that due to the said incident, she got pregnant three times and that her mother gave medicine for abortion and further that she bled heavily at one such instance and due to which she told her friend and her friend informed the Head Master and the incident came to light. The police registered the said FIR and upon completion of the investigation submitted charge sheet on 30.09.2023. Thereafter, the case proceeded and the trial is going on before the Special Page No.# 3/5 Judge POCSO, Kamrup (Amingaon). 3. The learned Counsel for the petitioner submits that the instant application is filed for bail of the petitioner for the second time and that the only ground taken by him is delay in the conclusion of the trial. He submits that out of 16 witnesses, 9 were examined including the victim girl and that the last witness, who was examined was during July, 2025 and thereafter although the case was listed but no witnesses could be examined on subsequent dates because of their absence. He submits that the petitioner was arrested on 28.08.2023 and till date she is inside the jail. The learned Counsel has also raised another ground that grounds of arrest as mandated under Section 47 and 48 of the BNSS, 2023 ( Section 50 and 51 of Cr.P.C) were not served upon the petitioner. 4. On the other hand, Mr. M.P. Goswami, learned Additional Public Prosecutor had vehemently argued that the petitioner being the biological mother of the victim had not only sent the daughter to her step father by enabling the step father to commit excesses on her daughter but also the petitioner had given tablets to the victim for termination of the pregnancy. This kind of actions cannot be tolerated in the society we live in as stated by the learned Counsel. He further submits that long incarceration inside the jail cannot be a factor for allowing the accused person to be released on jail. He further submits that there is no delay in conducting the case as the case has proceeded to quite some extent and it is only due to absence of prosecution witness, the rest of the witnesses could not be examined. 5. Mr. M.P. Goswami, learned Additional Public Prosecutor relies on the judgment passed by the Supreme Court of India in State of Punjab Vs. Balraj Singh @ Billa whereby it is held that the prolonged incarceration cannot be a ground for bail. Page No.# 4/5 6. MS. M.K. Brown, learned Counsel for the respondent no.2. also submits that the petitioner had not only abated the crime to be committed by the step father of the victim but she has also been constructive in sexually harassing the victim and had given medicines as alleged by the victim in her 164 Cr.P.C. statement. She as such opposes the prayer made in the present petition. 7. On consideration of the submissions made by the Counsels, this Court makes the following findings: The petitioner was arrested on 28.08.2023 and since then she has been inside the jail and her bail was once rejected by this Court. It is seen that the petitioner has been inside the jail for 2 years 9 months 18 days. Further it is stated in the FIR that on the first instance, the step father of the victim had sexually harassed the victim in absence of the mother and when the mother came back and the victim informed the incident to her mother, the mother is not stated to have taken any action. It is also stated by the victim that mother had given medicines to stop her pregnancy. The victim had also stated before the Magistrate in her statement under Section 164 Cr.P.C. showing the excesses committed by the mother i.e. the petitioner but in her statement before the Trial Court certain facts did not find place which she had stated before the Magistrate. 8. Be that as it may, without, however disbelieving the victim, this Court deems it fit that the petitioner be released on bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Special Judge POCSO, Kamrup ( Amingaon) under the following conditions: i) The petitioner will appear before the Trial Court as and when call for. ii) The petitioner will never approach the victim girl who is now residing at a home maintained by the Government. The victim will continue residing in the Page No.# 5/5 said home during the trial period. iii) The petitioner will not leave the jurisdiction of the Trial Court without the information and permission of the Court. 9. Petition is disposed of. JUDGE Comparing Assistant