Disposed¶29

Sri Girindra Bharali v. the State of Assam and Another

Gauhati HC10 Aug 2025AB/1592/2025

Case brief

AI extract

What is this about?

AB/1592/2025; Gauhati High Court; Justice Pranjal Das; order dated 11.08.2025; anticipatory/pre-arrest bail; Section 482 BNSS 2023; offences under Section 137(2)/64 BNS 2023 r/w Section 6 POCSO Act 2012; North Lakhimpur P.S. Case No. 218/2025; elopement following love affair; victim's Section 183 BNSS statement; interim protection of 10.07.2025 made absolute; no misuse of liberty; petition disposed of; case diary returned.

What did the court decide?

Pre-arrest bail: interim protection order dated 10.07.2025 made absolute, subject to the condition that the petitioner has co-operated with the process of law; petition disposed of accordingly and case diary ordered to be returned. ¶29

Sri Girindra Bharali Vs the State of Assam and… — Child Sexual Offences (POCSO) | Gauhati HC (2025)

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GAHC010149642025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1592/2025

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SRI GIRINDRA BHARALI

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R/O STATION ROAD NAKARI WARD NO 2 NORTH LAKHIMPUR P O AND P S NORTH LAKHIMPUR DIST LAKHIMPUR ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANOTHER TO BE REPRESENTED BY P P ASSAM

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2:SRI JYOTISH BORAH

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R/O MILANPUR GOGAMUKH P S DHEMAJI DIST DHEMAJI ASSA

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Advocate for the Petitioner : MR BABUL ISLAM, MR. J C GOGOI

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Advocate for the Respondent : PP, ASSAM, MR. K KALITA (R-2)

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BEFORE

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HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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Date : 11.08.2025

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Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam and Mr. K. Kalita, learned counsel for the respondent No. 2.

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By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Girindra Bharali, has prayed for granting pre-arrest bail, apprehending arrest in connection with North Lakhimpur P.S. Case No. 218/2025, registered under Section 137(2)/64 of BNS, 2023 r/w Section 6 of POCSO Act, 2012.

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The learned counsel for the petitioner submits that the parties had love affairs pursuant to which there was an elopement. The age of the victim might be above 18 years at the time of the incident. It is also submitted that the petitioner has appeared before the Investigating Police Officer as per direction of this Court vide order dated 10.07.2025 and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he has co-operated with the investigation of the case.

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The learned Additional Public Prosecutor has placed the case diary. The victim girl stated in her statement recorded under Section 183 BNSS stated that she eloped with the petitioner as she had love affairs with him.

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The learned counsel for the informant submits that pursuant to notice, the informant appeared through his learned counsel where the informant has filed an affidavit stating about such love affairs; that she eloped with the petitioner and affirming that he has no objection if the prayer of the petitioner is allowed.

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I have considered the submission made by the learned counsel for the parties and also perused the case diary.

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It appears that the petitioner has not misused the liberty granted

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to him while availing interim protection.

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Under such circumstances, no purpose might be served by arresting the petitioner. Therefore, the interim order granted to him vide order dated 10.07.2025 is hereby made absolute subject to the condition to that he has co-operated with the process of law.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Sri Girindra Bharali v. the State of Assam and Another

Case brief

What is this about?

What did the court decide?

Sri Girindra Bharali v. the State of Assam and Another

Case brief

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