Gauhati High Court grants bail in two Nagaland POCSO cases, citing BNSS arrest and remand lapses in one case
DIMAPUR — In two separate Protection of Children from Sexual Offences (POCSO) cases, the Kohima Bench of Gauhati High Court recently granted regular bail to one accused after finding violations of mandatory arrest and remand procedures under the Bharatiya Nagarik Suraksha Sanhita (BNSS), while granting another accused five days' interim bail to appear for a professional examination.
In the first case, Justice Yarenjungla Longkumer issued an order on July 24 granting bail to an accused identified as Pelevotuo, who was arrested in connection with Women Police Station Case No. 11/2026 under provisions of the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act.
The court held that the investigating agency had failed to comply with mandatory provisions of the BNSS governing arrest and remand.
It observed that the remand orders dated July 1 and July 10 did not indicate that the accused had been produced before the magistrate either physically or through video conferencing, as required under Section 187(4) of the BNSS.
Justice Longkumer held that such production is mandatory to enable the court to satisfy itself that continued detention is lawful and to allow the accused an opportunity to oppose further remand.
The court also found that while the accused's wife had been informed of the arrest, there was no material to show that the grounds of arrest had been communicated to her in writing or acknowledged, as required under Section 48 of the BNSS and Article 22(1) of the Constitution.
Also read: Nagaland: Absconding POCSO convict re-arrested after four years, sentenced to 20 years
Dimapur POCSO court issues proclamation against absconding accused Robert Kikon
Referring to Supreme Court precedents, the High Court observed that communicating the grounds of arrest to both the accused and a nominated relative is a substantive constitutional safeguard and not a mere procedural formality.
Holding that both the arrest procedure and subsequent remand suffered from legal infirmities, the court directed that the accused be released on bail upon furnishing a bond of INR 35,000 with one local surety, subject to conditions including weekly appearance before the investigating officer, non-interference with witnesses and prior permission before leaving the jurisdiction of the trial court.
Five-day interim bail
In a separate order passed on July 21, the High Court granted five days' interim bail to another accused, Seyenei-u, who is facing trial in a separate POCSO case.
The petitioner had sought bail on the ground that the accused had to appear for a professional training entrance examination conducted by the department of Employment, Skill Development and Entrepreneurship.
While the defence argued that the medical evidence did not prima facie support the POCSO charge, the prosecution opposed the plea, contending that the accused was a habitual offender and could intimidate witnesses if released.
Without commenting on the merits of the charge sheet, the court allowed interim bail solely to enable the accused to appear for the examination.
The accused was directed to furnish a bail bond of INR 30,000 with a government employee as surety, refrain from influencing witnesses or tampering with evidence, remain available on the contact numbers furnished to the court and surrender before the trial court on July 27. The court also observed that the accused was free to seek regular bail before the trial court.