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.

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 Higher Secondary School, has been allegedly kissed and sexually assaulted by an Assistant Teacher, namely, Shri Ajay Chetia (accused-applicant) inside the school premises under the pretext of a drama lesson which was followed by a threat not to disclose the incident.

4. On receipt of the FIR, the Police registered Demow P.S. Case No. 74/2025, under the aforementioned Sections against the accused-applicant. The accused-applicant was arrested on 01.11.2025 and he was forwarded before the learned Special Judge (POCSO), Sivasagar.

5. Upon completion of the investigation, the Investigating Officer had submitted the Charge-sheet being Charge-sheet No. 71/2025 dated 25.11.2025, under Sections 75(2)/351(2) of the BNS, 2023, read with Section 10 of the POCSO Act, 2012, before the aforesaid court of learned Special Judge (POCSO), Sivasagar. Accordingly, on 22.12.2025, the learned Special Judge (POCSO), Sivasagar, framed charges against the accused-applicant under Section 75(2) read with Section 10 of the POCSO Act, 2012.

6. The Trial Court Record in connection with the instant case has been produced before this Court and the same is perused.

7. It is seen that 6(six) out of 8(eight) PWs have already been examined before the learned Special Judge (POCSO), Sivasagar and the trial seems to have been proceeded in reasonably good speed with chances of conclusion of the same soon.

8. Mr. Konwar, learned Senior Counsel appearing for the accused-applicant, submits that the accused-applicant was arrested on 01.11.2025 and since then he is behind the bars. He submits that the accused-applicant being an Assistant Teacher in the school, he has already been placed under suspension. He submits that since 6(six) out of 8(eight) PWs have already been examined, further custodial detention of the accused-applicant, at this stage, may not be required as there is no likelihood of him influencing the trial. He submits that there are many contradictions could be seen from the depositions of the PWs and chances of conviction of the accused-applicant in the instant case, is very minimal. He further submits that there is no allegation of any penetrative sexual offence present in the instant case and the allegation is only of offence under Section 10 of the POCSO Act. Therefore, he submits that taking into account the allegations and the contradictory statements made before the Trial Court, this Court should allow the accused-applicant to go on bail at this stage.

9. Per contra, Mr. K. K. Parasar, learned Addl. Public Prosecutor, opposes the bail application, submitting that the trial is going on in a very reasonable speed and it is expected to be completed very soon. He further submits that materials which are available in the TCR show prima facie, involvement of the accused-applicant in the of