Page No.# 1/4 GAHC010142452025 2025:GAU-AS:11936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2119/2025 GAJENDRA KALITA S/O LATE DIJENDRA KALITA R/O VILL- BARAGAON GUWAHATI, P.S. GORCHUK DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N J DAS, MR. P. DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2025 Heard Mr. N. J. Das, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the Page No.# 2/4 petitioner, viz., Gajendra Kalita has prayed for bail in connection with Karimganj P.S. Case No.253/2025 registered under Sections 64(2)(k)/70(1) of the BNS, 2023. The F.I.R. dated 24.05.2025 reveals that the petitioner along with another were alleged to have raped a woman who is of unsound mind and that the said woman was found in the room of the petitioner and his associate and it is stated that the petitioner is a Jail Warder at Sribhumi District Jail. The informant further stated that when he was informed about the incident he went there and found that victim inside the room of the petitioner and that there is allegation that the petitioner and another had raped the victim. Mr. N. J. Das, learned counsel for the petitioner submits that the victim, who was of unsound mind roams around the Jail campus as is known to all and she entered the quarter of the petitioner while he was sleeping and that the said quarter was not locked as it was not done normally in view of the fact that the other occupant might come at any point of time and as such he submits that the girl entered the room and when the other accused person came inside the room he saw the girl and a hue and cry occurred and as such, he submits that the petitioner is not involved in the alleged offence. Mr. B. Sarma, learned Addl. Mr. B. Sarma, learned Addl. P.P., by referring to the case records and by relying on the statement of the witnesses, has stated that the victim was found inside the quarter of the petitioner sitting between the bed of the petitioner and the other and the room was also found in a locked position and he submits that Page No.# 3/4 the witnesses have knocked the door of the petitioner’s quarter which was not opened initially and thereafter the incident came to light. He, therefore, strongly opposes the prayer for bail at this stage. Upon consideration of the submissions made at the Bar and on perusal of the records it is found that in the F.I.R. it is reflected that the victim was found inside the quarter allotted to the petitioner and another and in the said F.I.R. it was also stated that the two accused persons including the petitioner were caught red handed on the spot by security personnel of Sribhumi District Jail for committing rape on the victim woman by the accused persons but in the statement of one of the witness it is found that it was not initially opened and when they opened the door they found the victim girl sitting in between the two beds of the petitioner and the other accused person and another witness had also stated that the victim was simply found inside the room of the petitioner and another. It is found that in the instant case the Charge-sheet is submitted and the case is being proceeded with. As such, this Court deems it fit to release the petitioner on bail on furnishing a bail bond of Rs.30,000/- with two local sureties of the like amount to the satisfaction of the learned Sessions Judge, Sribhumi under the following conditions :- (1) That the petitioner shall appear before the Trial Court as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not Page No.# 4/4 influence the witnesses connected with the case. (3) That the petitioner shall not leave the place of his residence without permission of the Trial Court. The Bail Application stands disposed of. JUDGE Comparing Assistant