Page No.# 1/5 GAHC010088252025 2025:GAU-AS:5202 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1294/2025 DHANMANI DAS S/O.- JITEN DAS, R/O- BALOWA, P.O. KUMARIKATA, P.S.- BELSOR, DISTRICT- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD S ALI, MR KUTUB ALI,MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 29.04.2025 Heard Md. S. Ali, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State respondent. 2. This application is filed under Section 483 of BNSS, 2023, seeking Page No.# 2/5 grant of bail to the petitioner i.e. Dhanmani Das, who was arrested on 13.03.2025 in connection with Dispur PS Case No.228/2025 registered under Section 329(3)/87/62/109(1)/76 of BNSS, 2023. 3. The brief facts of the prosecution case as unfolded is as under- “i) On 12.03.2025 one Ritamani Barman, W/o- Rajib Ahmed, R/O- Narakasu, near AGV Bank, Kahilipara P.S-Dispur, Dist- Kamrup(M), had lodged an FIR before the officer-in charge of Bhagaduttapur Out Post under Dispur PS, alleging inter alia that an young man namely Dhanmani Das given various enticement of love to the informant's daughter X aged about 16 years. ii) In that regard, when the informant prohibited the young man, then he uploaded various photographs of the victim girl in social media, for which being ashamed she gave up her studies from class IX. iii) It is further alleged that on 11.03.2025 at night appeared at the informant's rented house located at Narakasur and grabbed her daughter by her neck and threatened her to pour acid on her body and tried to kidnap her by dragging away. When they tried to stop him, he squeezed the neck of the informants daughter, then the breathing of the girl was about to stop, although the informant restrained him, he hold the hairs of the informant and made the informant fall on the ground. According, the FIR was lodged. iv) Thereafter, upon receipt of the FIR a GDE was made vide GDE No. 266/25 by the Bhagaduttapur O.P. and forwarded to Dispur PS for registering a case under proper section of law. And accordingly, the said FIR was registered by the Police of Dispur PS vide Dispur PS Case No. Page No.# 3/5 228/2025, Under Section 329(3)/87/62/109(1)/76 of BNS,2023 and started further investigation of the case.” 4. Thereafter, the petitioner was arrested on 13.03.2025 and since then he is behind the bar. Accordingly, the bail application has been filed. 5. Md. S. Ali, learned counsel appearing for the petitioner submits that there was a relationship of love between the daughter of the informant and the petitioner and there was an argument between the informant and the petitioner over phone regarding the said affair and the informant had scolded the petitioner. He further submits that on the date of occurrence, when he went to the nearby area of the informant’s house, the informant had informed the police and had lodged the instant FIR against him. He accordingly submits that the allegations are totally false, fabricated and concocted only to harass the petitioner. He accordingly submits that the petitioner be release on bail. 6. Per contra, Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State respondent submits that the statements of the victim and the informant have already been recorded under Section 180 of BNSS, 2023, by the Investigating Officer and also the statements of the other witnesses have also been recorded by the Investigating Officer. He further submits that the petitioner’s statement has also been recorded by the Investigating Officer. He further submits that from the materials available on records, it appears that there was Page No.# 4/5 scuffle between the petitioner and the victim girl and when the mother had come to save the victim girl, she was also attacked. 7. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 8. It appears from material available on record that there was a love relationship between the petitioner and the victim girl and after the said relationship had fallen apart, the petitioner still was forcing the victim girl to have relationship with him. It further appears that thereafter, on the date of occurrence, there was a scuffle between the petitioner and the victim girl and when the mother of the informant had gone to save the victim girl, she was also attacked. It further appears that the investigation has substantially progressed. It further appears that the statements of the witnesses including the victim girl and the informant have already been recorded. It further appears that the petitioner has been in the custody since last 47 days. It further appears that there is no adverse materials as regards the criminal antecedent of the petitioner available in the case diary. 9. Considering the totality of the facts and circumstances of the case and especially the length of detention and that nothing adverse as regards the criminal antecedent of the petitioner is available in the case diary, this Court is of the considered opinion that further detention of the petitioner is not justified. 10. Accordingly, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.20,000/- with one surety of like amount to Page No.# 5/5 the satisfaction of the learned CJM, Kamrup (M), Guwahati. 11. The bail granted to the petitioner shall be subject to the following conditions:- i) The petitioner shall co-operate with the investigation, ii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled. Resultantly, the bail application stands disposed of. JUDGE Comparing Assistant