Gauhati High Court
Bail Appln./2015/2026 of BITU DAS Vs THE STATE OF ASSAM AND ANR on 27 August 2026
GAHC010148792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2015/2026 BITU DAS S/O- SRI. BIREN DAS R/O-BHOMORAGURI, P.O-RANGAGRAH P.S- SAMAGURI, DISTRICT- NAGAON, ASSAM PIN CODE-782140. VERSUS THE STATE OF ASSAM AND ANR
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GAHC010148792026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2015/2026
BITU DAS
S/O- SRI. BIREN DAS R/O-BHOMORAGURI, P.O-RANGAGRAH P.S- SAMAGURI, DISTRICT- NAGAON, ASSAM PIN CODE-782140.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE P.P., ASSAM.
2:SMT DIPALI DAS
W/O SRI. SUBRATA DAS R/O-RONGAGORHA GARHALI
P.S. SAMAGURI
DISTRICT-NAGAON PIN CODE-782140
Advocate for the Petitioner : MR P KATAKI, SR. ADV., MS. A LALA,MS N KASHYAP,MR. P K
SAIKIA,MRS R BEGUM
Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, R2
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 28.08.2026 Heard Mr. P. Kataki, learned senior counsel, assisted by Ms D. Chakraborty, learned counsel appearing for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor for the State respondent No. 1. Also heard Ms. M.K. Brown, leaned Amicus Curiae, representing the respondent No. 2.
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2. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, who was arrested on 04.07.2026 in connection with Samuguri P.S. Case No. 194/2026, registered under Sections 96/ 127(1)/ 115(2)/ 65(1) of the BNS, read with Section 6 of the POCSO Act.
3. The case diary is produced before this Court. Investigation is proceeding.
4. The learned Amicus Curiae has submitted that the privilege of bail may not be granted to the petitioner at this stage till the completion of the investigation.
5. In view of the fact that the case diary reveals that the age of the victim is 12 and half years and the investigation is in progress, I am not inclined to grant the privilege of bail to the petitioner at this stage.
6. Accordingly, the bail petition is dismissed. JUDGE Comparing Assistant