Page No.# 1/4 GAHC010107762025 2025:GAU-AS:7405 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1648/2025 ABINASH HIRA @ ABHINASH HIRA S/O- SASHI HIRA. R/O- DAKHINPAT SATRA, NAGOAN. P.S- BEBEJIA, P.O- BALIGAON. DIST.- NAGAON ,ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,MR. A. ALI,A. K. KANU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.06.2025 1. Heard Mr. M. Ahmed, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor, appearing for the State of Assam. Page No.# 2/4 2. This bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Abinash Hira@Abhinash Hira, who has been detained behind the bars since 17.05.2025(for the last 20 days), in connection with Dispur P.S. Case No. 431/2025, under Sections 78(2) /74 /75(2) /76 /126(2) of the BNS, 2023. 3. The gist of accusation in this case is that the victim woman had lodged an FIR before the Officer-In-Charge of Bhagaduttapur police outpost under Dispur police station on 15.05.2025, inter alia, alleging that the petitioner to whom the informant was known had threatened the informant over phone to make physical relationship with him. 4. It is also stated that on 30.04.2025, the petitioner came to the house of the informant and inappropriately touched her and attempted to rape. 5. The learned counsel for the petitioner has submitted that the accusation levelled against the petitioner in the FIR is not true. 6. He submits that there was a consensual relationship between the petitioner and the informant. 7. He further submits that the informant started demanding money and when the petitioner refused, she filed a false case against him. 8. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Dispur P.S. Case No. 431/2025 and has submitted that there are sufficient incriminating materials against the Page No.# 3/4 petitioner in the Case Diary. He further submits that the victim woman, in her statement recorded under Section 183 of the BNSS, 2023, has categorically implicated the petitioner, hence, he opposes the grant of bail to the petitioner. 9. I have considered the submission made by the learned counsel for both sides and has perused the Case Diary of Dispur P.S. Case No. 431/2025. 10. On perusal of the Case Diary, it appears that though there are incriminating materials against the petitioner in the Case Diary, however, the investigation has fairly progressed, as the statement of the victim woman under Section 183 of the BNSS, 2023 has already been recorded. 11. Further, considering the period of detention undergone by the petitioner as well as the nature of this case, further custodial detention of the petitioner does not seems to be necessary for fair completion of the investigation of this case. 12. Hence, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. Page No.# 4/4 13. Send back the Case Diary. 14. This bail application is accordingly disposed of. JUDGE Comparing Assistant