Page No.# 1/4 GAHC040008382026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/51/2026 Smti Minati Prasad Wife of Shri Shyam Prasad, permanent resident of Dekachubari, PO and PS Tezpur, Sonitpur District, Assam 784001 and presently residing at C Sector, Naharlagun, PO and PS Naharlagun,. Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the PP of AP 2:ABC Age: 0 Occupation : represented by the father of minor victim No.1 3:XYZ Age: 0 Occupation : represented by the father of minor victim No. Advocate for the Petitioner : Kemo Lollen, Tojum Tao,Maryum Sora,Geli Taye,D Ado Advocate for the Respondent : P P of AP, Legal Aid Counsel,Dusu Rillung -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG ORDER 29.06.2026 Heard Mr. K. Lollen, learned counsel for the accused petitioner. Also Page No.# 2/4 heard Mr. T. Ete, learned Addl. PP for the State and Ms. D. Rillung, learned counsel for the victim girl. 2. This is an application filed under Section 483 of BNSS, 2023 praying for release of the accused person who has been arrested in connection with Itanagar Women P.S. Case No. 35/2026 under Section 96 of BNS, 2023 read with Section 6 (1)/17/21 (i) of POCSO Act. 3. The case of the accused petitioner is that on 26.04.2026, a written FIR was lodged by one Shri Pradip Das against 3 (three) persons alleging that his minor daughter aged about 16 years with 2 (two) friends aged about 17 & 18 years. It is further stated that during enquiry, it was revealed that those girls were taken by the accused person and later on, they were found from a Hotel room and the girls were subjected to sexual abuse. Accordingly, the aforesaid case was registered. 4. The case records, as called for, has been produced and perused. 5. Upon perusal of the Case Diary, this Court finds that the main allegation for the commission of sexual assault is directed against the three male accused persons for taking away of three girl including the present applicant. So far as the present accused is concerned, she is admittedly a major aged about 19 years. On the day of the incident, she was accompanying her boyfriend along with those two girls alleged to minor aged about 16 & 17 years. Her boyfriend has also been arrested in connection with the present case, who according to the accused petitioner is innocent 6. The present accused person was arrested based on suspicion that she Page No.# 3/4 might have induced the alleged minor victim to accompany the co-accused persons. However, at this stage, no specific allegation has been made against the present accused. The statement of the minor victim recorded during the investigation do not prima facie disclose that the present accused had compelled or she had facilitated for the commission of the alleged sexual offence, if any. 7. Whether the present accused had any role in the alleged occurrence is a matter to be established during the trial. 8. Considering that the present accused person is a woman and had remained in judicial custody for more than 60 days and the investigation has also been substantially progressed and no materials has been placed before this Court to indicate that her further custodial detention is necessary. There is also no material placed before this Court to indicate that her further custodial detention is necessary or that if released on bail, she is likely to abscond, tamper with the evidence or influence the prosecution witnesses. 9. Considering the limited role attributed to the present accused person, the absence of any specific allegation against her and the stage of investigation, this Court is of the considered view that the petitioner has made out a case for grant of regular bail. 10. Accordingly, the accused person, namely, Miss Sangita Prasad is directed to be released on bail on furnishing a bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Yupia, subject to the following conditions:- Page No.# 4/4 (i) that the accused person shall co-operate and appear before the learned Trial Court on every day unless exempted; (ii) that the accused person shall not directly or indirectly, induce, threat or influence the victim or any prosecution witness; and (iii) that the accused person shall not tamper with the prosecution evidence in any manner; 11. Any violation of the above conditions shall entail cancellation of bail in accordance in law. 12. In terms of the above, this bail application is accordingly allowed and disposed of. 13. Return the Case Diary immediately. JUDGE CHECKED & VERIFIED Digitally signed by Talom Tali Date: 2026.06.30 17:31:11 +05'30'