Page No.# 1/4 GAHC010134152025 2025:GAU-AS:10060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2043/2025 DHIMAN BANIKYA S/O- NAYAN JYOTI BANIKYA. R/O- H/NO.20, B.T. COLLEGE ROAD, WARD NO.26, LACHIT NAGAR, ULUBARI, GUWAHATI, ASSAM, P.O.- ULUBARI, P.S.- PALTANBAZAR, PIN-781007, DIST.- KAMRUP(M) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P P MEDHI, Z HAQUE,MR G BARGAYARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 04.08.2025 Heard Mr. B. K. Mahajan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This is an application under Section 483 of BNSS, 2023, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Paltan Bazar P.S. Case No. 180/2025, under Section 69 of BNS, 2023. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Mahajan, learned counsel for the petitioner, that the present accused/petitioner is a 21 years old boy and the victim is of 19 years age. It is a fact that there was a love relationship between the accused/petitioner and the victim, but the petitioner has not committed any such offence as alleged in the F.I.R. He has been in custody for last 57 days and thus, the I.O. got sufficient opportunity to interrogate him keeping in custody and hence, considering his length of detention also, he may be released on bail. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. 5. Mr. Bothakur, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner so far collected by the I.O., especially in the statement made by the victim under Section 169 of BNSS. He further submitted that the I.O. has already furnished the report in regards to the abortion of the victim, however the Medical Report and the FSL Report is pending till date. 6. After hearing the submissions made by the learned counsel for both sides, without going by the detail of the merit of case and only considering the length of detention already undergone by the accused/petitioner, I am of the view that Page No.# 3/4 the I.O. has got sufficient opportunity to interrogate the accused/petitioner keeping him in custody and hence, I find that further custodial interrogation of the present petitioner may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, the accused/petitioner, namely, Dhiman Banikya, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, without prior permission. Page No.# 4/4 8. In terms of above, this bail application stands disposed of. 9. Case Diary be returned. JUDGE Comparing Assistant