Page No.# 1/3 GAHC010133382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2018/2025 RAHUL DAHLAN S/O SAMBHU DAHLAN @ SHAMBHU KUMAR DAHLAN R/O DAHLAN CHOWK, SAHARSA, P.S. SAHARSA SADAR, DIST. SAHARSA, BIHAR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D BORA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.06.2025 Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. This application has been filed under Section 483 of the BNSS, 2023 in respect of PRC No. Page No.# 2/3 2167/2025 arising out of Paltanbazar P.S. Case No.165/2025 under Section 332(c)/ 351(3)/ 296/ 75(2)/ 78(2)/79/3(5) of BNS, 2023 pending in the Court of Chief Judicial Magistrate, Kamrup (Metro). The 32 year old petitioner was allegedly harassing his own cousin, who is a 26 year old girl, for sexual favour. To that effect, her father once lodged an FIR against the present petitioner in the year 2017, but the said FIR ended in filing of Final Report. Thereafter, the girl herself lodged an FIR on 24.05.2025. She alleged that the petitioner was asking for sexual favour from her and to that effect, he often misbehaves with his family members. According to the informant girl, another woman, who is an advocate by profession, also informed her mother that she will be uploading nude photographs of the girl in the social media. The present FIR has been charge-sheeted. Ms. N. Das, learned Additional Public Prosecutor submits that the scanned coy of the trial Court record should be called for. Mr. A. Choudhury has submitted that except Section 75 (2) of the BNS, 2023 other offences are bailable. According to Mr. Choudhury, these offences are also punishable for a maximum period of three years and the petitioner has already spent 25 days in judicial custody. Mr. A. Choudhury, learned counsel has submitted that under the given circumstances, the period of detention already undergone by the petitioner in custody should be taken as a ground for releasing him on bail. I have given my anxious consideration to the submission made by the learned counsel for both sides. This Court is of the opinion that considering the period of detention already undergone by the petitioner, the bail application of the petitioner is allowed. Page No.# 3/3 The petitioner Rahul Dahlan, who is facing trial in PRC No. 2167/2025 pending in the Court of CJM, Kamrup(M), shall be released on bail of Rs.25,000/- with a local surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M) Guwahati. The petitioner shall regularly appear before the trial Court on each and every date of hearing and if he fails to do so without showing sufficient reasons, the trial Court shall have the liberty to procure his attendance by due process of law. With the above observation, the bail application stands disposed of. JUDGE Comparing Assistant