Page No.# 1/3 GAHC010158832025 2025:GAU-AS:9499 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2333/2025 NITUL SARMA S/O-LT, KANAK SARMA, VILL-GURMOW P. O. -GURMOW, P. S. -GORESWAR, DISTRICT-TAMULPUR, ASSAM, PIN-781366 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, N GOGOI,MR A SARANIA,MR R.BEZBARUAH,MR. P P GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Baihata Chariali P.S. Case No. 158/2025, under Sections 64/77/76/75/151(2) of the BNS, Page No.# 2/3 2023. It is submitted by Mr. Sarania, learned counsel for the petitioner that the petitioner is innocent and has not committed any such offence as alleged in the FIR. He further submitted that from the contents of the FIR, it is seen that the alleged incident of rape was committed in March, 2024, but even after lapse of 1 (one) year, she was silent and the FIR was lodged only on 17.06.2025. He further submitted that the accused is in custody since 18.06.2025 and thus the IO got sufficient opportunity to interrogate him, keeping him in custody. Mr. Borthakur, learned Additional Public Prosecutor submitted in this regard that the present accused/petitioner had not only committed the offence of rape, but also threatened the victim to make viral all the obscene photos and videos. Mr. Borthakur, accordingly submitted that the perusal of the case diary is necessary to know the actual fact of the case. Mr. Sarania, learned counsel for the petitioner submitted in this regard that there may be allegation of threatening, but till date no photos and videos were made viral, which is revealed from the FIR itself. Further, the present petitioner is ready and willing to cooperate with the IO for further investigation of the case, if he is granted with the privilege of bail. Considering the submissions made by the learned counsel for both the parties, other aspects of the case vis-à-vis the length of detention already undergone by the accused/petitioner, I find it a fit case to extend the privilege of bail to the accused/petitioner. Accordingly, the accused/petitioner, namely, Nitul Sarma be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with Page No.# 3/3 one surety of like amount to the satisfaction of the learned SDJM, Rangia, Kamrup (Amingaon). The accused/petitioner, namely, Nitul Sarma be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) 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/her from disclosing such facts to the Court or to any police officer. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant