Page No.# 1/3 GAHC010125652026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1653/2026 AMAL MONDAL ALIAS ARUP MONDAL S/O MITUNJAY MONDAL, RESIDENT OF VILLAGE NO. 2 MAKELI, P.S. BOKO, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI INDRAJIT SARKAR S/O SRI GOSTARAM SARKAR VILLAGE SOLAPATHAR P.S. BOKO P.O. CHHAMARIA DISTRICT KAMRUP ASSAM PIN-781136. PHONE NO. 936524646 Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MR. S. K. CHAKMA(R2),MS H BETALA(R2),MS. D GHOSH(R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14 .0 7 . 2026 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This bail application has been filed by the petitioner namely, Amal Mandal @ Arup Mandal under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Special (POCSO) Case No. 81/2026 registered under Section 87/ 70(2) of the BNS, 2023, read with Section 6 of the POCSO Act. 3. The TCR as called for is received and perused. 4. The allegation as per the FIR is that the petitioner alongwith some others kidnapped the daughter of the informant aged about 17 years and committed rape upon her at an unknown place. Subsequently, the victim returned home after about 4 days. 5. The learned counsel for the petitioner referring to the statement of the victim recorded under Section 183 of the BNSS before the learned Magistrate has submitted that the victim has no where implicated the petitioner. 6. A perusal of the said statement supports the contention of the petitioner. The investigation is over culminating in the charge sheet which appears to be based on the statement of the victim before police and the Child Welfare Committee where she has made allegation of rape. 7. Keeping in view the contradictory nature of statement of the victim with regard to the incident and since the investigation is almost completed and the petitioner is detained in custody for 70 days, the prayer for bail is allowed. 8. The petitioner named above shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with two sureties of the like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (Metro), Guwahati in connection with the aforementioned case. 9. The direction for bail is further subject to the following conditions that: Page No.# 3/3 (i) the petitioner shall cooperate with the trial of the case regularly and he shall not try to contract the victim or her family members; (ii) the petitioner shall not try to influence or intimidate any person or the remaining witnesses, who are acquainted with the facts of the case, in any manner. 10. The bail application accordingly stands disposed of. JUDGE Comparing Assistant