GAHC010169572025 2025:GAU-AS:16412

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2508/2025

RANJAN BARMAN

S/O- LATE BICHITRA BARMAN.

R/O- KOLIAPANI, AMBIKAGIRI PATH, BARMAN PATTY, DOOMDOMA, P.O.-

DOOMDOOMA, P.S.- DOOMDOOMA, DIST.- TINSUKIA, ASSAM.

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PP, ASSAM.

2:PADUMI BORDOLOI

W/O- SRI ANUP JYOTI BORDOLOI.

R/O- LATHABORI

RAHA

P.S.- RAHA

DIST.- NAGAON

ASSAM

PIN - 782103

Advocate for the Petitioner : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN

Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS(AMICUS CURIAE)

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 01.12.2025 Heard Mr. N. Hasan, learned counsel appearing on behalf of the accused-applicant. Also heard Mr. B. Sarmah, learned Addl. P.P., representing the State as well as Mr. S. Das, learned counsel appearing for the respondent no. 2.

2. The instant application has been filed, under Section 483 of the BNSS, 2023, for granting bail to the accused-applicant, who was arrested on 30.11.2024, in connection with POCSO Case No. 04(T)/2025, registered under Section 4(2) of the POCSO Act, pending before the Court of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Tinsukia.

3. The gist of the allegation arising out of the FIR dated 12.09.2024, lodged by the father of the victim, is that the accused-applicant, who was a Football Coach, had accompanied the team of teenage players to Doomdooma. It was alleged that during the stay at the accommodated Auditorium at Doomdooma, the accused-applicant committed sexual abuse to the victim. The accused-applicant was arrested on 15.09.2024 in connection with another case registered under the POCSO Act and he was shown arrested in the instant case on 13.11.2024.

4. It is seen from the record that out of 4(four) other cases, including 3(three), were registered against the accused-applicant under the POCSO Act. They are (1) Doomdooma P.S. Case No. 148/2024 under Section 6 of the POCSO Act, (2) Doomdooma P.S. Case No. 152/2024, under Section 6 of the POCSO Act, (3) Doomdooma P.S. Case No. 192/2024, under Section 377/506 of the IPC read with Section 6 of the POCSO Act and (4)

Kakopathar P.S. Case No. 22/2012, under Section 384 of the IPC.

6. The learned counsel for the accused-applicant submits that the accused-applicant has already been granted bail in the aforesaid four(4) cases and the accused-applicant is inside the jail only for the instant case i.e. Doomdooma P.S. Case No. 200/2024 under Section 6 of the POCSO Act. The main argument in the instant case for the accused- applicant is the non-compliance of Section 47 & 48 notices by the arresting authority while arresting the accused-applicant. The learned counsel submits that Grounds of Arrest have not been given to the accused-applicant under Section 47 of the BNSS. The learned counsel further submits that notice under Section 48 of the BNSS was never issued to any of the family member or friend of the accused-applicant. He submits that on the aforesaid grounds, this Court had granted bail to the accused-applicant on three (3) other above mentioned cases, registered under the POCSO Act. Therefore, he submits that on the same ground only, in the instant matter also, the accused-applicant should be granted bail.

7. This Court had gone through the case record that is submitted before this Court and while perusing the case record, it is found that apparently, Grounds of Arrest were not given to the accused-applicant under Section 47 of the BNSS.

8. This Court also could not find any record of notice issued under Section 48 of the BNSS, which has apparently violated the law laid down by the Hon’ble Apex Court in various cases, including the case of Vihaan Kumar Vs. State of Haryana, reported in (2025) SCC OnLine SC 269

9. It may be relevant to point out that in the arrest memo, this Court could not find any signature of the witnesses while arresting the accused-applicant.

10. Taking into consi