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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Ajay Chetia, S/O Sri Nabin Chetia – Appellant
Versus
State Of Assam Rep By The Pp – Respondent
| Table of Content |
|---|
| 1. bail application procedural background (Para 2 , 3 , 4 , 5) |
| 2. trial proceedings' status (Para 6 , 7) |
| 3. arguments for and against bail (Para 8 , 9 , 10) |
| 4. court's consideration on victim's status (Para 11 , 12) |
| 5. bail application disposition (Para 13) |
JUDGMENT :
Anjan Moni Kalita, J.
Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. H. Agarwal, learned counsel appearing on behalf of the accused-applicant. Also heard Mr. K.K. Parasar, learned Addl. P.P., representing the State as well as Ms. N. Choudhury, learned Amicus Curiae appearing for the respondent no. 2.
2. This is an application filed under Section 483 of BNSS, 2023, praying for granting bail to the accused-applicant in connection with Special Case (POCSO) No. 64/2025 (Demow P.S. Case No. 74/2025), registered under Section 75(2) of the BNS, 2023, read with Section 10 of the POCSO Act, 2012, pending before the Court of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar.
3. An FIR was lodged on 31.10.2025, by the mother of the victim girl before the Officer-In-Charge, Demow Police Station, alleging, inter alia, that on 29.10.2025, her daughter, a student of Class-X of Bamrajabari High
The court emphasized the importance of the victim's well-being and ongoing examinations in denying bail to an accused charged under the POCSO Act.
The well-being of the child victim and the prevention of potential influence on witnesses are paramount considerations in cases involving offences under the POCSO Act.
The paramount importance of protecting children's well-being under the POCSO Act outweighs the consideration for bail, especially in cases of serious charges against a tutor.
Bail – A person cannot be detained in custody without sanction of law – In a case for commission of bailable offence, accused has fundamental right to be released on bail.
Denial of bail for a bailable offence violates personal liberty protected under Article 21, affirming the fundamental right to bail.
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
The court emphasized the importance of timely trials and the rights of the accused when no prosecution evidence is presented in a reasonable timeframe.
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