Gauhati High Court
Bail Appln./697/2026 of POLASH DEORI Vs THE STATE OF ASSAM AND ANR on 27 April 2026
GAHC010048722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./697/2026 POLASH DEORI S/O SUROJ DEORI, R/O UDOIPUR NO 1, CHOWK, NEAR MATRI MANDIR,PS TINSUKIA, DIST TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND ANR
GAHC010048722026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./697/2026
POLASH DEORI
S/O SUROJ DEORI, R/O UDOIPUR NO 1, CHOWK, NEAR MATRI MANDIR,PS
TINSUKIA, DIST TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:PHATIK TAMULI (INFORMANT)
S/O HARICHANDRA TAMULI
R/O RUWAD NAGAR
KHANAPARA
PS DISPUR
DIST KAMRUP M
ASSA
Advocate for the Petitioner : MR D MEDHI, MR P SONOWAL,S YESMIN
Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2)
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 28 .04. 2026 Heard Mr. D. Medhi, learned counsel for the petitioner and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. Also heard Ms. M.K. Brown, learned Amicus Curiae representing the respondent No.
2.
2. This bail application has been preferred by the petitioner namely, POLASH DEORI under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Dispur P.S. Case No. 93/2026 registered under Section 87 of the BNS, 2023 added Section 65(1) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012.
3. The allegation as reflected in the FIR is that the 15/16 years old daughter of the informant went missing on 16.02.2026 at around 2.00 p.m. and upon search she could not be found.
4. On the basis of the said FIR, the instant case was registered and subsequently, the petitioner was arrested.
5. It is submitted on behalf of the petitioner that the victim girl who is aged about 16 years was in love affair with the petitioner, who is aged 19 years old and that the victim girl went to meet the petitioner on her own and it was a case of adolescent love between the parties and considering the length of detention of 69 days, the petitioner may be released on bail.
6. On the other hand, the learned Addl. Public Prosecutor on perusing of the case diary submits that the victim girl had gone to meet the accused/ petitioner to Assam State Science Museum, Guwahati and because it was getting late, out of fear the victim did not return home and instead went with the petitioner upon his assurance that he will not commit any indecent acts with her. However, from the statement of the victim it appears that the petitioner entered into a physical relationship with the victim upon promise of marriage after taking her to a temple.
7. Perusal of the materials available in the case diary including statement of the victim recorded under Section 183 of BNSS, 2023 indicates that the same to be a case of adolescent love between two teen agers resulting in a physical relationship. There appears to be no element of coercion or exploitation or any act of forceful nature.
8. Having regard to the above, I am of the view that further detention of the petitioner may not be necessary. Accordingly, the prayer for bail is allowed and the petitioner above named is allowed to be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with a surety of the like amount to the satisfaction of the learned Court below in connection with the aforesaid case.
9. It is further provided that:-
(i) the petitioner shall not try to influence any person or witnesses acquainted with the facts of the case, in any manner;
(ii) that the petitioner shall continue to cooperate with the trial of the case as well as the investigation as and when requires.
(iii) that the petitioner shall not hamper the investigation or tamper with the evidence of the case;
10. With the aforesaid direction, this bail application stands disposed of.
11. Send back the case dairy.
JUDGE Comparing Assistant