Bail Appln./875/2026 of SRI PROMOTESH PANYANG ALIAS NANDA PANYANG Vs STATE OF ASSAM AND ANR on 16 August 2026

ORDER

17.08.2026 Heard Ms. S.G. Baruah, learned counsel, appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam and Ms. T. Parashar, learned Amicus Curiae for respondent no.2.

2. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Promotesh Panyang @ Nanda Panyang, who was arrested in connection with Ghilamara PS Case No. 04/2026, under Sections 74/78(2)/79/62 of the BNS, 2023, R/W Section 12 of POCSO Act, 2012.

3. The allegations in the present case reveal that the petitioner had resorted to flashing himself before the victim on two or three occasions and the informant had expressed an apprehension that his daughter would not be safe because of the accused.

4. The matter has been investigated and a charge sheet had been submitted under Sections 74/78(2)/79/62 of the BNS, 2023, R/W Section 12 of POCSO Act, 2012.

5. The learned counsel for the petitioner has submitted that the trial has proceeded to substantial extent whereby the evidence of 5(five) PWs including the informant and the victim have already been recorded.

6. The learned counsel for the petitioner has submitted that the petitioner had been taken into custody on 13.01.2026. She has accordingly prayed that there would not be any apprehension for the petitioner to hamper or tamper with the trial process and the petitioner is willing to furnish such bond as may be directed and participate in the remaining of the trial. She has prayed that the petitioner may be allowed the privilege of bail at this stage, who is aged about 29 years.

7. The learned Additional Public Prosecutor has submitted that although the scanned copy of the TCR does not reveal that 5(five) witnesses have been examined till 18.03.2026, however, on production of the certified copies of the evidence led by the prosecution, he agrees that five witnesses may have been examined.

8. The learned Amicus Curiae has submitted that in the event, this Court considers the grant of a bail to the accused, appropriate directions may be issued for protection of the minor from any threat from the accused.

9. Having gone through the scanned copy of the TCR and the fact that five of the PWs, including the informant and the minor victim, have been recorded and also the fact that the petitioner has been languishing in custody since 13/01/2026, this Court deems it appropriate to grant the privilege of bail to the petitioner for the remainder of the trial, subject to the following conditions :-

(i) the petitioner shall be released on bail on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) only with 2 sureties of the like amount, subject to the satisfaction of the learned trial court.

(ii) the petitioner shall not, in any manner, interact, intimidate or threaten the minor victim, her family members or other witnesses who yet remain to depose before the trial court.

10. The learned trial court shall be at liberty to impose such other conditions as may be necessary to ensure the participation of the petitioner in the trial and to ensure that the informant or the family members of the victims are not put to any inconvenience due to the grant of his present leave.

11. Any violation of the aforesaid conditions may entail cancellation of the privilege of bail.

12. The Bail Application stands disposed of.

JUDGE Comparing Assistant