Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10062 (GAU)

MISS RASHMI DEKA BARUAH v. THE STATE OF ASSAM

Bail Appln./1000/2025 · 2025-04-04

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010067452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1000/2025 MISS RASHMI DEKA BARUAH D/O SRI MONTU DEKA BARUAH R/O VILL BUTIKUR TINIALI PS DHEMAJI DISTRICT DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A KHANIKAR, MR. M SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.04.2025 1. Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Miss Rashmi Deka Baruah aged about 19 years has prayed for releasing her on bail as she is in judicial custody in respect of Sessions Case No.71/2024 arising out of Dhemaji Police Station Case No.159/2024. Page No.# 2/2 3. The Charge-Sheet has been filed under Sections 96/143/3(5) of BNS. 4. I have gone through the cross-examination portion of the evidence of the victim girl. 5. Ms. Bora, learned Additional Public Prosecutor has objected to the bail application on the ground that the victim was a minor and below 18 years of age. 6. According to learned Additional Public Prosecutor the Investigating Officer is yet to be examined and his evidence will play a vital role in this case. 7. I have considered the submissions made by learned counsel for both the sides. 8. At this stage, this Court would refrain itself from expressing any opinion about the merit of the case, however after going through the evidence of the victim girl, this Court has decided to allow the prayer of the petitioner. 9. Accordingly the prayer of the petitioner is allowed. 10. The petitioner Miss Rashmi Deka Baruah, who is facing trial before the Court of the learned Sessions Judge, Dhemaji in respect of Sessions Case No.71/2024 shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Dhemaji, Assam. 11. The bail application stands disposed of. JUDGE Comparing Assistant