Page No.# 1/5 GAHC010127452026 2026:GAU-AS:9373 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1707/2026 MALLENA LAKSHAMAN RAO S/O LATE MALLENA BALARAJU R/O HOUSE NO. 18, NEAR RAJOHUWA NAMGHAR, JANATA NAGAR, NOONMATI SECTOR-2, GUWAHATI- 781020, DISTRICT-KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED THE PUBLIC PROSECUTOR, ASSAM. 2:MS XXX INFORMANT WHO IS AGED ABOUT 15 YEARS TO BE REPRESENTED BY HER MOTHER MRS. SEEMA DEVI W/O MR. MALLENA LAKSHAMAN RAO AGED ABOUT 35 YEARS R/O HOUSE NO. 18 NEAR RAJOHUWA NAMGHAR JANATA NAGAR NOONMATI SECTOR-2 GUWAHATI- 781020 DISTRICT-KAMRUP(M) ASSA Advocate for the Petitioner : MS. RUKMINI BARUA, MR M BHUYAN,MS. PADMINI BARUA Advocate for the Respondent : PP, ASSAM, H S BARUAH(R2) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 26.06.2026. Page No.# 2/5 Heard Ms. P. Baruah, learned counsel for the accused petitioner. Also heard Mr. R.J. Baruah, the learned Addl. P.P., Assam appearing for the State respondent and Mr. H. Baruah, learned counsel for the respondent No.2 informant/mother of the victim. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Mallena Lakshaman Rao who was arrested on 27.05.2026, in connection with the Noonmati P.S. Case No. 87/2026, under Sections 75(2)/65(1) of the BNS, 2023 read with Section 6 of POCSO Act, 2012. One additional affidavit has also been filed by the petitioner to brought the forwarding report on record which was not tagged along with the bail petition. However, copy of the same is provided to the Court by Ms. Baruah, the learned counsel of the accused petitioner and perused the same. The case diary is received and perused the same. It is submitted by Ms. Baruah, the learned counsel for the petitioner that the FIR was lodged by the victim herself only out of some anger issues, as she was asked to be attentive in her study by the accused petitioner. For that reason only she was upset and when she visited to the house of the nearby rented premises, she was ill advised by some of the persons, on the basis of which she lodged the FIR. But from the FIR itself it is seen that it is a nicely typed out FIR in Assamese language which may not possible on the party of a 15 years old girl child to lodge the FIR in such a systematic manner. Ms. Baruah, the learned counsel for the accused petitioner further submitted that after lodging of the FIR, as per the instigation of some of the nearby tenants, she realized her fault Page No.# 3/5 and subsequently in her presence, her mother that is the wife of the accused petitioner also sworn an affidavit, wherein it is stated that due to some misunderstanding, as she could not make proper judgment, the FIR was lodged. It is also stated that at present the victim is not interested to proceed with the case anymore. She further submitted that by swearing the affidavit by her mother, the same was immediately submitted before the authority. Ms. Baruah, the learned counsel further submitted that the accused petitioner is in the custody for last 30 days and thus the I.O. also got sufficient opportunity to interrogate him keeping the custody. Furthermore, the accused petitioner being a permanent resident of the addressed locality, he will extend his cooperation in further investigation of the case, as and when it will be required. Mr. R.J. Baruah, the learned Addl. P.P., Assam submitted in this regard that there is sufficient implications against the present petitioner while recording her statement under Section 183 of the BNSS, 2023. That apart, when the victim brought the allegation against the present accused petitioner, while recording her statement before the Member of the CWC. Apart from that, the affidavit which was stated to be sworn by the mother of the victim in her presence is also not available in the case diary. Mr. H. Baruah, the learned counsel for the informant/ victim of the case also submitted that the FIR was lodged only due to momentary loss of judgment and due to some misunderstanding. But at present she is not ready to proceed with the case and has no objection if the accused petitioner who is also her step father, is released on bail at this stage. Hearing the submissions of learned counsel for both sides, I have also perused Page No.# 4/5 the case diary. It is seen that some incriminating materials are brought against the accused petitioner by the informant in her statement made under Section 183 of the BNSS, 2023. However considering the subsequent development of the case vis- à-vis the affidavit sworn by the mother of the victim in presence of the victim and also considering the submission made by Mr. H. Baruah, the learned counsel for the victim/ informant, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation of this case. That apart, the petitioner is also behind the bar since last 30 days and the I.O. got sufficient opportunity to interrogate him keeping him in the custody. In view of the above, it is held that the accused petitioner is entitled to be released on bail. Accordingly, it is provided that 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 (POCSO), Kamrup (M) at Guwahati, the accused petitioner, namely, Mallena Lakshaman Rao shall be enlarged on bail, subject to the following conditions: (i) 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 from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned Special Judge (POCSO), Kamrup (M) at Guwahati, without prior permission, and Page No.# 5/5 (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned Special Judge (POCSO), Kamrup (M) at Guwahati. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant