Bail application under Section 483 BNSS 2023 by an accused facing trial in Special POCSO Case No. 278/2024. Counsel argued the case arose from a land dispute between brothers. The court found the petitioner did not deserve bail and rejected the application.
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GAHC010018662025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./502/2025
SAMIRAN DAS S/O LATE HARINDRA DAS R/O VILL-GHOBALIPAM P.O.CHANDRAPUR, GUWAHATI-781150, DIST.KAMRUP (METRO), ASSAM,
VERSUS
THE STATE OF ASSAM AND ANR. THROUGH THE PP, ASSAM
2:BIKASH DAS S/O LATE HARINDRA DAS R/O VILL-GHOBALIPAM P.O. CHANDRAPUR GUWAHATI-781150 DIST. KAMRUP (METRO) ASSA
Advocate for the Petitioner : MR A ATREYA, MS. C KALITA
Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 09.06.2025
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Heard Mr. A Atreya, learned counsel for the petitioner. Also heard Mr. M.P Goswami, learned Additional Public Prosecutor for the State of Assam.
Heard Ms. M.K Brown, learned Amicus Curiae appearing on behalf of respondent No. 2.
This is an application under Section 483 of the B.N.S.S, 2023, whereby, the petitioner, Sri Samiran Das has prayed for releasing him on bail as he is facing trial in Special Case No. 278/2024 pending in the Court of the Ld. Special Judge, P.O.C.S.O, Kamrup(M), Guwahati.
I have gone through the scanned copies of the Trial Court Record.
Mr. A Atreya, learned counsel for the petitioner has submitted that because of land dispute involving 2(Two) brothers, this case has come into being. According to Mr. A Atreya, learned counsel for the petitioner, to some extent, the aforesaid fact has come up in the prosecution case also.
I have considered the submission made by learned counsel of both the sides.
This Court is of the opinion that under the given circumstances, the petitioner does not deserve to be released on bail.
Therefore, the Bail Application of the petitioner Sri. Samiran Das is rejected and disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the petitioner facing trial in a Special POCSO Court be released on bail under Section 483 BNSS?
1 provisions across 1 enactments
Samiran Das
The State of Assam
Bikash Das
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
