Palakh Das Vs the State of Assam and Anr.

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GAHC010019892025

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2025:GAU-AS:2225

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

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Case No. : Bail Appln./277/2025

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PALAKH DAS S/O LAKSHMAN DAS R/O VILL- BORDAL, JAGIGAON P.S.DHARAMTUL P.O.JAGI GAON DIST.MORIGAON,ASSAM PIN-782411 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:KHANTA BAGLARI @ SANTA BAGLARI S/O LATE RAJU KUMAR BGLARI R/O VILL-JALAKIABORI WARD NO. 3 P.S.LAHARIGHAT P.O. JALAKIABORI DIST. MORIGAON ASSAM PIN-78212

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Advocate for the Petitioner : MR H R A CHOUDHURY, MR. M H TALUKDAR

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Advocate for the Respondent : PP, ASSAM, MR. M S ALAM(R-2),MD. S ALOM (R-2)

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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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04-03-2025

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Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. M. H. Talukdar, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Mr. S. Alom, learned counsel for the informant/respondent No.2.

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2. The petitioner, namely, Palakh Das , son of Lakshman Das, resident of Village-Bordal, Jagigaon, Police Station-Dharamtul, P.O.-Jagi Gaon, District-Morigaon, Assam has filed this application under Section 483 BNSS, 2023 on 30.01.2025 praying for his release on bail in Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024 under Sections 137(2)/142 BNS, 2023 with added Section 6 of the POCSO Act, presently, pending before the Court of learned Special Judge (POCSO), Morigaon, in which he was arrested on 31.08.2024 and is in custody since then.

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3. As per the FIR dated 29.08.2024 lodged by the informant before the Laharighat Police Station, the case is that, his sister, the minor victim girl, aged about 16 years, who had gone to Laharighat Higher Secondary School on 29.08.2024 did not return home. On the same night around 11:30 pm, one of his friends informed him that he had seen his sister in a motorcycle with a boy wearing helmet near Jagiroad Petrol Pump moving towards Guwahati and forwarded the photograph of the bike bearing Registration No. AS-01-FU-1325 to him in his Whatsapp. Accordingly, Laharighat P.S. Case No. 179/2024 under Section 137(2)/142 BNS, 2023 was registered.

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4. Later, on the application of the Investigating Officer and considering the case diary, during investigation stage, learned Sub-Divisional Judicial Magistrate, Morigaon allowed to add Section 65(1) of the BNS, 2023 read with Section 6 of the POCSO Act, 2012 in said Laharighat P.S. Case No. 179/2024 and accordingly, said Laharighat P.S. Case No. 179/2024 was registered under Section 137(2)/142 BNS, 2023, with added Section 65(1) of the BNS,

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read with Section 6 of the POCSO Act.

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5. After completion of the investigation of said Laharighat P.S. Case No. 179/2024, the concerned Investigating Officer on 31.10.2024 submitted the charge-sheet in said Laharighat P.S. Case No. 179/2024 under Sections 137(2)/142/65(1) BNS read with Section 6 of the POCSO Act, against the petitioner.

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6. After filing of the charge-sheet, said Laharighat P.S. Case No. 179/2024 was reregistered as Special (POCSO) Case No. 153/2024 before the Court of learned Special Judge (POCSO), Morigaon and on 13.11.2024, the said Court took cognizance of the offence under Sections 87/64(2) BNS read with Section 6 of the POCSO Act against the petitioner. The said Trial Court on 27.11.2024 framed charges under Sections 87/64(2) BNS, read with Section 6 of the POCSO Act.

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7. Perused the records that was called for by order dated 07.02.2025.

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8. From the records of the case, it is seen that as on 10.02.2025, prosecution has adduced the evidence of 3 of its witnesses out of 12 named prosecution witnesses in the charge-sheet and they were thoroughly cross-examined by the defence.

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9. Mr. Choudhury, learned Senior Counsel for the petitioner submitted that considering his detention since 31.08.2024 and as evidence of the victim girl as well as the informant of the case have already been recorded by the Court of learned Special Judge (POCSO), Morigaon, the petitioner should be considered for his bail in said Special (POCSO) Case No. 153/2024.

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10. Mr. Goswami, learned Addl. PP, Assam submitted that the victim girl implicated the petitioner in her statement under Section 183 BNSS recorded on 31.08.2024 as well as in her evidence before the learned Special Judge (POCSO), Morigaon and upto 10.02.2025, evidence of 3 prosecution witnesses have already been recorded and evidence of 9 more prosecution witnesses are yet to be recorded. As such, there is no such delay on the part of the prosecution in the trial of the case and therefore, the petitioner is not entitled for his bail.

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11. Mr. Alom, learned counsel for the informant/opposite party No.2 submitted that the victim in her statements implicated the petitioner of committing the offence.

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12. From the records of the case, it is seen that the victim girl was medically examined on

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31.08.2024 at Swahid Tilok-Hemram-Gunabhiram Civil Hospital, Morigaon.

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13. The Birth Certificate of the victim girl was also seized by police in the case that was issued on 03.03.2007 by the Registrar of Birth and Death, Laharighat Public Health Centre indicating the date of birth of victim girl as 02.01.2007. As such, on the date of the incident, i.e., on 29.08.2024, the victim girl was 17 years 7 months old. Police also seized the apparels of the victim girl and those apparels were forwarded to the FSL for its necessary report. The FSL report dated 21.09.2024 of those apparels of the minor victim girl indicated of negative result for presence of sperm (semen) on those. Medical report of the victim girl issued by the STGH Civil Hospital, Morigaon examined on 31.08.2024 indicated that there was no evidence of recent sexual intercourse, nor any injury mark on the person of the victim girl as well as on her private parts and further her hymen was found to be intact (not ruptured) and her vagina had no injury. However, the victim girl informed the Doctor that she eloped with the accused petitioner to Shillong and stayed together there for a night and then returned on the next day, i.e., on 30.08.2024.

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14. It is seen from the deposition of the victim girl that she is still in love with the accused petitioner and on attaining the age of majority, she will get married with the petitioner and she does not have any objection if, the accused petitioner is acquitted from the case.

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15 The informant as well as father of the victim girl also indicated that if the accused petitioner is acquitted of the offences, they do not have any objection.

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16. Considering such materials in the records, this Court is of the opinion that further custodial detention of the petitioner is not warranted during the trial of said Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024. As such, this bail application of the petitioner is accepted.

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17. Accordingly, the petitioner, namely, Palakh Das , son of Lakshman Das be released on bail in said Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024 on furnishing a bail bond of Rs.50,000/- with two local sureties of the like amount, to the satisfaction of the learned Special Judge (POCSO), Morigaon on conditions that the said petitioner —

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(i) shall appear before the learned Special Judge (POCSO), Morigaon during the trial

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and on the dates so fixed in said Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024 and as and when he is required for his appearance in the said case;

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(ii) shall not leave the territorial jurisdiction of said learned Special Judge (POCSO), Morigaon, without obtaining prior written permission from the said authority;

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(iii) shall not hamper or tamper with the evidence of the case;

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(iv) 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 them from disclosing such facts to the Court;

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(v) shall not involve himself in any criminal activities and

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(vi) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf.

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18. Any violation of the aforesaid terms and conditions by the petitioner, namely, Palakh Das , son of Lakshman Das, the bail granted to him in said Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024 shall stand automatically vacated.

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19. It is made clear that any observation made hereinabove in this bail application, the learned Special Judge (POCSO), Morigaon shall not be influenced by it, while adjudicating the said Special (POCSO) Case No. 153/2024 arising out of Laharighat P.S. Case No. 179/2024.

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20. With the above observations and directions, this bail application accordingly stands disposed of.

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JUDGE

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Palakh Das v. the State of Assam and Anr.

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Palakh Das v. the State of Assam and Anr.

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