Bail Appln./69/2026 of SRI JIBAN SINGH Vs THE STATE OF ASSAM AND ANR on 19 February 2026

ORDER

Date : 20.02.2026 Heard Mr. S.N. Tamuli, the learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor and Mr. D. Kr. Bhattacharjee, learned Amicus Curiae who has rendered valuable assistance.

2. These is an application under Section 483 of the BNSS, 2023, praying for bail to the petitioners, namely, (I) Jiban Singh who was arrested since 10.11.2025, in connection with Titabar P.S. Case No.174 of 2025, registered under Section 64(i), 87 with subsequently added Sections 46, 58, 62(2), 103(i) & 238 of BNS 2023 read with Section 6 of the POCSO Act. (BA No.69 of 2026).

(II) Kisan Singh who was arrested since 10.11.2025, in connection with Titabar P.S. Case No. 174/2025, under Section 87/64(1)/238 BNS R/W Section 6 of POCSO Act. (BA No.196 of 2026)

3. The learned Amicus Curiae has drawn the attention of this Court to the fact that the alleged offences committed by the petitioners, as reflected in the charge sheet submitted by the prosecution, are neither under the POCSO Act nor related to murder, but pertain to his attempt to withhold information regarding such offences and to the suppression of evidence. The prosecution has prayed for framing of charges under Sections 238/46/58/61(2)/249(a) BNS.

4. This Court has also perused the scanned copy of the records of the learned Trial Court. Mr. K. Baishya has opposed the prayer for bail, stating that there is an apprehension that the petitioner may attempt to influence the witnesses if released on bail, especially since the trial has yet to commence.

5. Since the offences alleged to have been committed by the petitioner are not charge-sheeted with any provisions under the POCSO Act nor related to murder, and having regard to the facts and circumstances of the case, this Court is of the opinion that the petitioners can be granted the privilege of bail, however by ensuring that during the trial the petitioners are not in a position to influence any of the witnesses or the evidence.

6. In such circumstances, this Court directs that the petitioners, if not wanted in any other case, shall of granted the privilege of bail on furnishing bond of Rs. 50,000/- each, with two sureties of the like amount who shall have landed property within the jurisdiction of the learned Trial Court and also subject to the following conditions;

(i) The petitioners shall not visit the locality of the informant without prior intimation to the concerned Police Station.

(ii) The petitioner shall not try to contact the informant of family of informant or prosecution witness in any manner, whatsoever, till conclusion of the trial.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

(iv) The petitioners shall not hamper and tamper with the evidence of the case;

(v) The petitioner shall appear before the learned Trial Court, as and when directed to do so;

(vi) the learned Trial Court, shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial.

(vii) The petitioner shall not engage in any illegal activity of similar nature in the future.

(viii) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail.

7. The bail application is disposed of. JUDGE Comparing Assistant