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2025 DAILYLAW 10743 (GAU)

RAJ KARMAKAR v. THE STATE OF ASSAM AND ANR

AB/890/2025 · 2025-06-17

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010077952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/890/2025 RAJ KARMAKAR S/O DILIP KARMAKAR, R/O VILL- KALIBARI (PUKHUR PAR), P.S. LUMDING, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:XXXX D/O SUJIT ROY R/O VILL- BIDYA NAGAR HOJAI P.S. HOJAI P.O. BIDYA NAGAR DIST- HOHAIL ASSAM PIN-78243 Advocate for the Petitioner : MR. N HAQUE, MR M HUSSAIN,MR. A K AZAD,MR K UDDIN Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, Amicus Curiae,(R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.06.2025 Heard Mr. A K Azad, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, learned Additional Public Prosecutor appearing for the State of Assam as well Page No.# 2/2 as Mr. N Mahajan, the learned Amicus Curiae appearing for the respondent no. 2. 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioner, namely, Raj Karmakar has prayed for grant of pre-arrest bail in respect of Lumding P.S. Case No. 21/2025 (corresponding to G.R. Case No.179/2025). 3. A 17 years old informant girl has alleged in the FIR that pursuant to the love affairs with the petitioner, she went to Guwahati with him. They stayed at Guwahati, where they had physical relationship. After that, they went to Dimapur. There also they spent two days. After that, the petitioner brought the girl to Lumding Railway Station and thereafter, he vanished. The petitioner also switched off his mobile phone. Therefore, the girl lodged the FIR before police alleging the aforesaid facts. 4. Mr. Sarma has submitted that the girl has voluntarily went with the petitioner but she was 18 years of age. 5. I have considered the submissions made by the learned counsel of both sides. 6. May be the girl was below 18 years old but she had developed sufficient knowledge about life. She loved the petitioner and she went with the petitioner to different places of the State as well as to Nagaland. 7. This Court is of the opinion that the petitioner does not deserve to be detained in custody. 8. Therefore, the bail application of the petitioner is allowed. 9. It is hereby directed that in the event of arrest in Lumding P.S. Case No. 21/2025, the petitioner, Raj Karmakar shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the arresting authority. With the aforesaid direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant