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2025 DAILYLAW 13499 (GAU)

DIJUL SAIKIA ALIAS NIPU SAIKIA v. THE STATE OF ASSAM

Bail Appln./1815/2025 · 2025-06-24

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010118282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1815/2025 DIJUL SAIKIA ALIAS NIPU SAIKIA SON OF LATE DULU SAIKIA R/O VILL- DEORAMORA P.S.NAOBOICHA DIST. NORTH LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SAURADEEP DEY, MR. D CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.06.2025 1. Heard Mr. D. Chutia learned counsel for the petitioner Dijul Saikia @Nipu Saikia. 2. The petitioner has filed this application under Section 483 of the BNSS, Page No.# 2/3 2023 with prayer for bail as he is behind bars since 13.05.2025 in connection with North Lakhimpur Police Station Case No. 169/2025 under Sections 316(2)/319(2)/308(5)/69 of the BNS. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State. 4. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is booked under a serious offence and the FIR clearly discloses that the petitioner is a habitual offender. 5. The FIR unfolds that the petitioner has cheated the victim by inducing her to have physical relationship with him. Thereafter, the petitioner also recorded obscene videos and threatened the victim to circulate the videos through social media. The petitioner also demanded money from the victim and so on and so forth. 6. It is submitted on behalf of the petitioner that further custodial detention may not be required as the petitioner is behind bars for 42 days. It is further submitted that the victim has brought up a false case against the petitioner to compel him to marry her. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered the length of detention. It appears that investigation may have presumably progressed to a certain extent. It appears that custodial detention may not be required to further the investigation. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the Elaka Magistrate/Jurisdictional Court under the conditions that: Page No.# 3/3 (i) The petitioner shall not exercise threats to the witnesses, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. JUDGE Comparing Assistant