Page No.# 1/4 GAHC010092242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1386/2025 HITESWAR DEKA SON OF PARAMESHWAR DEKA, RESIDENT OF VILLAGE HAHARA, KAMARKUCHI, P.O.SONAPUR, P.S.SONAPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : A KUNDU, SIRAJ CHOUDHURY,MS. S SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.05.2025 1. Heard Mr. S. Choudhury, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Hiteswar Deka, who has been detained behind the bars Page No.# 2/4 since 18.03.2025 (for last 63 days) in connection with Sonapur P.S. Case No. 51/2025 under Section 64 of BNS, 2023. 3. The gist of the accusation in this case is that on 17.03.2025, the victim woman had lodged an FIR before the Officer-in-Charge of Sonapur Police Station, inter-alia, alleging that the petitioner has committed rape on her on 17.01.2025, while she was alone in her residence. It was also alleged in the FIR that the victim woman was having pregnancy of two months. 4. The learned counsel for the petitioner has submitted that the petitioner was having an illicit affair with the victim woman for the last one year and the relationship between them was consensual in nature. 5. However, in the month of March, 2025, when it was detected that the victim woman was pregnant, she pressurized the petitioner to marry her. 6. He further submits that when the petitioner showed his inability to marry her, she got the FIR filed against him after two months of the alleged incident. 7. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 63 days and considering the period of detention, he may be allowed to go on bail. 8. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Sonapur P.S. Case No. 51/2025 and has submitted that there are incriminating materials against the petitioner in the case diary. 9. He submits that though, the victim was subjected to sexual intercourse without her consent, however, she did not make any knowing crime. He further submits that the investigation is pending for receipt of the FSL report. 10. He further opposes the grant of bail on the grounds that if the Page No.# 3/4 petitioner is released at this stage, he may influence or he may threaten the victim or other witnesses or otherwise influence the course of investigation. 11. I have considered the submissions made by learned counsel for both the sides and have gone through the case diary of Sonapur P.S. Case No. 51/2025. 12. In this case, the FIR has been lodged after a delay of about two months and no reason has been mentioned for such delay. 13. It also appears that in the meanwhile, the statement of the victim woman has been recorded under Section 183 of BNS, 2023 and the investigation is pending for receipt of official report only. 14. Further, considering the period of detention already undergone by the petitioner, this Court is of the view that if sufficient conditions are imposed on the petitioner while granting the bail and if he cooperates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation in this case. 15. In view of above, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) subject to the satisfaction of Chief Judicial Magistrate, Kamrup (M), with the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 16. With the above observation, this bail application is disposed of. Page No.# 4/4 17. Send back the case diary. JUDGE Comparing Assistant