Page No.# 1/3 GAHC010115112025 2025:GAU-AS:8217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1213/2025 SRI JITU MONI OJHA R/O- HARISINGA, P.S- HARISINGA, DIST- UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. A KHANDAKAR, MR. J P GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.06.2025 Heard learned counsel Mr. J.P Gogoi for the petitioner namely Sri. Jintu Moni Ojha who has filed this application under Section 482 of the B.N.S.S, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Panery P.S Case No. 17/2025 under Section 137(2)/142 of the B.N.S, 2023. Heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. Page No.# 2/3 The allegation against the petitioner is that he induced the 17 year old victim to elope with him. Mr. B Sarma, learned Additional Public Prosecutor, Assam has raised serious objections stating that there are incriminating materials against the petitioner. The victim has alleged sexual assault by the petitioner. On the contrary, learned counsel Mr. J.P Gogoi for the petitioner has submitted an additional affidavit to substantiate his submission that there was a love relationship between the petitioner and the victim. The victim went away with the petitioner on her own volition. The victim is not a minor, despite the fact that the victim’s age is given as 17 years. The petitioner has admitted a love relationship with the victim. It is submitted that a false case has been brought up against the petitioner. I have also scrutinized the Case Diary. The merits of this case are not brought to the fore as investigation is still under progress. It appears that custodial interrogation may not be required as investigation has progresses substantially. I have also considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions, if imposed upon him. It appears that pre-arrest bail may be granted to the petitioner. In the event of their arrest the petitioner shall be enlarged on bail of Rs 50,000/- (Rs Fifty Thousand only) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that : (1) The petitioner shall appear before the I/O within 1(one) week and co-operate with the investigation. (2) The petitioner shall not leave the jurisdiction of the Court without prior permission, and (3) The petitioner shall not exercise threats to the witnesses or influence the victim. On breach of any the aforementioned bail conditions, the bail order shall Page No.# 3/3 automatically stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant