Page No.# 1/2 GAHC010083072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1233/2025 GAURAV DAS S/O - LATE PRASANTA DAS R/O- BAMUNIGAON, AMINGAON, P.S- NORTH GUWAHATI DIST -KAMRUP(M) ASSAM- 781141 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR P DOLEY,MR H AGARWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.05.2025 1. Heard learned Senior Counsel, Mr. B.D. Konwar for the petitioner – Gaurav Das, who has filed this application under Section 483 of the BNSS, 2023 for prayer of bail as the petitioner is behind bars since 18.03.2025 in connection with Jalukbari PS Case No. 130/2025 under Section 376 of the IPC r/w Section 67 (A) of IT Act, 2000. 2. Heard learned Addl. Public Prosecutor, Assam, Mr. P. Borthakur. Page No.# 2/2 3. It is submitted on behalf of the petitioner that no case under Section 376 of the IPC is made out at best, it is a case under Section 67 (A) of the IT Act. 4. The learned Addl. Public Prosecutor, Mr. P. Borthakur has raised serious objection stating that the statement of the victim clearly reveals the depravity of the petitioner. It is further submitted that trial may be adversely affected if the petitioner is enlarged on bail. 5. I have considered the submission at the bar with circumspection. I have also considered the submissions that the petitioner is a local resident. 6. Considering all aspects, the petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount subject to the satisfaction of the learned C.J.M., Karmup (M), Guwahati under the conditions that; (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall not exercise threats to the witnesses, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 8. Send back the Case Diary. JUDGE Comparing Assistant