GAHC010274282025 2025:GAU-AS:17283

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./3993/2025

NIKHIL DEVNATH

S/O SRI ANANTA DEVNATH

R/O NA BORMURA, P.S. DHOLLA

DIST. TINSUKIA, ASSAM

VERSUS

THE STATE OF ASSAM AND ANR

REP. BY THE PP, ASSAM

2:SMTI. DIPALI DAS W/O SRI SUNIL DAS

R/O VILL- 1 NO. KOPAHTOLI

P.S. DHOLLA

DIST. TINSUKIA

ASSAM

Advocate for the Petitioner : MR. A K GUPTA, MR. R K MAHANTA,MS M NIROLA

Advocate for the Respondent : PP, ASSAM, MS F BEGUM (R-2)

Linked Case : Bail Appln./3976/2025

DIPU CHETRY

S/O LATE BAHADUR CHETRY

RESIDENT OF VILLAGE NA BORMURA

PS DHOLLA DIST TINSUKIA

ASSAM. VERSUS

THE STATE OF ASSAM AND ANR

REP BY PP ASSAM

2:SMTI DIPALI DAS W/O SRI SUNIL DAS RESIDENT OF VILLAGE 1 NO. KOPAHTOLI PS DHOLLA DIST TINSUKIA ASSAM 786154 ------------

Advocate for : MR. N HASAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Bail Appln./3743/2025 TIKARAM SUBEDI S/O LATE TARA PRASAD SUBEDI R/O VILL- FELAI GAON P.S. DHOLLA DIST. TINSUKIA ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM

2:SMTI. DIPALI DAS W/O SRI SUNIL DAS R/O VILL- 1 NO. KOPAHTOLI P.S.DHOLLA DIST. TINSUKIA ASSAM ------------

Advocate for : MR. A K GUPTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

12.12.2025 Heard Mr A K Gupta and Mr N Hasan, learned counsel appearing on behalf of the petitioners. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam; and Mr S Banik, learned counsel appearing on behalf of the informant/respondent No. 2.

2. These petitions praying for regular bail under Section 483 of the BNSS, 2023, have arisen out of POCSO Case No. 61 of 2025, under Sections 239/107/61 of the BNS, 2023, read with Sections 21 (2)/17 of the POCSO Act, 2012, pending before the Court of learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia.

3. The petitioners are in custody since 15.11.2025. The petitioners are teachers by profession.

4. The respondent No. 2 had lodged an FIR on 09.06.2025, claiming that her daughter aged about 13 years and studying in the school, where the petitioners served as teachers has consumed phenyl and the teachers of the school had admitted the minor child in a nursing home. Upon discharge from the hospital, the child has divulged to her mother who was the informant that one of the teachers of the LP School had dragged her into the LP School kitchen, forced her to eat intoxicating substances, and, thereafter, raped her. The perpetrator had, thereafter, threatened the child not to tell anybody about the incident and further that he would leak photos pertaining to the incident on social media. The minor child had therefore, consumed phenyl. The Dhola Police Station had, thereafter, registered a police case and investigation was initiated. During investigation, it was revealed that the petitioners in these three petitions had come to know about the commission of offence on 05.06.2025 and they had failed to report the commission of the offence. It also came to light that the three accused had pressurized the victim and her family members not report the incident to the Police and instead, proposed to settle the matter amicably. The accused persons had allegedly organized a meeting on 09.06.2025 at the school premises where the victim and her family members were invited to settle the matter. The accused were forwarded to the Court of learned Special Judge POCSO Tinsukia on 11.06.2025.

5. On finding that the petitioners were alleged to have committed offences under Section 239 of the BNS, 2023, and Section 21(2) of the POCSO Act, the petitioners were directed to be released. In the meanwhile, the charge sheet in the aforesaid case was submitted on 07.08.2025, vide Charge Sheet 24 of 2025. That on receipt of summons, the petitioners appeared before the learned Trial Court through their counsel on 01.11.2025, citing grounds of their absence