Gauhati High Court
Bail Appln./906/2026 of MRINAL DAS Vs THE STATE OF ASSAM AND ANR on 17 June 2026
GAHC010063832026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./906/2026 MRINAL DAS S/O SRI MONILAL DAS, R/O TARAPUR NEW COLONY, P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP,
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GAHC010063832026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./906/2026 MRINAL DAS S/O SRI MONILAL DAS, R/O TARAPUR NEW COLONY, P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SMT. SHILPI SHILL W/O RAJU SHILL
RESIDENT OF SRIKONA PART-I (BURIKHAL) P.S. SILCHAR DIST. CACHAR ASSAM PIN-78802 Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. U NANDA,MR. P S BISWAS,MR. MEHUL SHAH,MS. S. CHANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE(R2)
-BEFORE-
HON’BLE MR. JUSTICE PRANJAL DAS
18-06-2026
Heard Mr. S.C Biswas, learned counsel for the petitioner who appears through On-line mode from Guwahati. Also heard Mr. K.K Parasar, learned Addl. P.P appearing for the State through On-line mode and Ms. M.K Brown, learned Amicus Curiae representing the respondent No. 2.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused/petitioner, namely, Mrinal Das, who is stated to have been in custody since 14.05.2025 in connection with Special (POCSO) Case No.57/2025, which is stated to be at the stage of trial before the Court of learned Additional Sessions Judge Cum Special Judge, POCSO, Cachar, Silchar corresponding to Silchar P.S Case No.502/2025 (GR No.872/2025) registered under Sections 87 of the BNS, 2023 and Section 4 of the POCSO Act.
3. This is a subsequent bail petition, as an earlier bail petition was rejected on 30/10/2025 passed by this Court in B.A No. 2938 of 2025.
4. The scanned record has been made available.
5. The learned counsel for the petitioner submits that the victim has also been examined, except for a small part of cross- examination. During the investigation she has refused medical examination on two occasions; that for last several months, the court is vacant due to lack of Presiding Officer.
6. It is submitted that in the meantime, the petitioner has completed a significant period in custody since 14/05/2025.
7. The learned Addl. Public Prosecutor submits that further cross- examination of the victim is still left and if granted bail, there is a chance of interference.
8. The learned Amicus curiae, Ms. Brown has also submitted that perhaps the examination of the victim should be allowed to be completed. She also submits that refusal of medical examination would be a matter of trial.
9. I have gone through the material and considered the submission.
10. It appears that the examination-in-chief of the prosecutrix is complete and she has also been cross-examined. However, some further cross-examination is sought to be conducted and for the same, the matter is pending as far as the prosecutrix is concerned. Though, the Court is stated to be vacant, the scanned report shows that the learned Additional Session Judge is In-charge of the Court.
11. I have also find from the material that the further cross- examination of the prosecutrix has been kept reserved in the context of some further investigation. Nevertheless, from the scanned report, it appears that no further prosecution witness has been examined.
12. In the given facts and circumstances and in view of the above discussion, I am of the considered view that the accused/petitioner should be granted bail at this stage subject to suitable conditions.
13. Accordingly, the accused person named above, in connection with the above mentioned case, is allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Trial court and subject to the following conditions that:
(i) He shall not abscond.
(ii) He shall be available for the remaining trial.
(iii) He shall not hamper or tamper evidence and not try to influence witnesses.
(iv) He shall not in any manner harass or harm the prosecutrix.
(v) Violation of the any bail conditions would entail cancellation of the bail.
14. The bail petition stands allowed and disposed of.
JUDGE
Comparing Assistant