Shri Nitumani Kalita vs State Of Assam And Anr
2025 Latest Caselaw 8175 Gua

Gauhati High Court

Shri Nitumani Kalita vs State Of Assam And Anr on 30 October, 2025

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GAHC010234262025




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

                                  Case No. : AB/2566/2025

            SHRI NITUMANI KALITA
            SON OF SHRI DIPAK KALITA RESIDENT OF BARHARDIA, P.S. HAJO IN THE
            DISTRICT OF KAMRUP ASSAM- 781102



            VERSUS

            STATE OF ASSAM AND ANR
            REPRESENTED BY P.P., ASSAM

            2:PARIKSHIT KALITA
             SON OF SHIB RAM KALITA RESIDENT OF VILLAGE BARHARDIA PO
            KHETRI HARDI PS HAJO KAMRUP ASSA

Advocate for the Petitioner   : KAUSHIK JAIN, MS. R HUSSAIN,MS. NITUMA KAKATI,M
DEKA,P UPADHAYA

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                        HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 30.10.2025

Heard Ms. N. Kakati, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

2. This petition has been filed under Section 482 of the Bharatiya Page No.# 2/3

Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Nitumani Kalita, has prayed for granting pre-arrest bail, apprehending arrest in connection with Hajo P.S. Case No. 391/2025 under Section 47/115(2)/296/78/75/351(3) of BNS, 2023 r/w Section 12 of POCSO Act, 2012.

3. Issue notice.

4. The present application has arisen out of the POCSO Act; accordingly, the petitioner shall take step regarding service of notice upon the respondent No. 2 as per the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022].

5. The learned counsel for the petitioner submits that the petitioner and the victim girl were in a love relationship. It is further submitted that, even if the allegations made in the FIR are taken at their face value, they, at best, indicate a misunderstanding between two young individuals and do not make out a prima facie case attracting the provisions of the POCSO Act. It is alleged in the FIR that the petitioner had given a proposal of love to the victim, and when she rejected it, he slapped her. The petitioner is stated to be 21 years of age, while the victim is 17 years old.

6. Call for the case diary.

7. In the given facts and circumstances, I deem it proper that at this stage, the present petitioner can be given a chance to record his statement with some interim protection.

8. Accordingly, in the event of arrest of the accused-petitioner, he shall be released on interim bail in connection with Hajo P.S. Case No. 391/2025 under Section 47/115(2)/296/78/75/351(3) of BNS, 2023 r/w Section 12 of POCSO Act, 2012, on furnishing bail bond of Rs.20,000/- with one suitable Page No.# 3/3

surety of the like amount to the satisfaction of the arresting authority.

9. The direction for bail is further subject to the condition(s) that the accused-petitioner:

(a) shall render cooperation with the investigation and appear before the I.O. for recording his statement;

(b) shall not hamper or tamper with evidence; and

(c) shall not intimidate or harass the victim girl or informant or her family members.

10. Violation or breach of condition(s) shall entail cancellation of the bail.

11. List on 19.11.2025.

JUDGE

Comparing Assistant