Page No.# 1/5 GAHC010176382025 2025:GAU-AS:11438 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2585/2025 SRI NABA JYOTI DEKA @ NABAJYOTI DEKA S/O- LATE ATUL DEKA. R/O- BHALUKMARI, P.O.- LANKA, P.S.- LANKA, DIST.- HOJAI, ASSAM, PIN - 782446. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR P S RAJA, MR A B DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025 Heard Mr. A.B. Dutta, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 filed by the petitioner, namely, Sri Naba Jyoti Deka @ Nabajyoti Deka, Page No.# 2/5 seeking bail in connection with Dispur P.S. Case No. 530/2025 under Sections 109(1) /238 /296 /305(a) /329(4) /351(2) / 69 /78(2) /89 of the BNS, 2023. 3. It is the case of the petitioner that on 11-06-2025 one Miss Parpori Saikia (informant) lodged an FIR before the Officer-In-Charge, Dispur Police Station stating inter alia that the petitioner and 3 others committed numerous criminal offenses against her over the past several years which included deceit, physical and mental abuse, coercion, blackmail, financial exploitation, and attempted murder. The informant also alleges that she was in a love relationship with the petitioner since 2013, and that in 2014, while she was pursuing her law degree at J.B. Law College, Guwahati, and both were residing in the city, the petitioner allegedly established physical relations with her under the false promise of marriage. The informant claimed the petitioner booked hotel rooms and coerced her into physical intimacy, took her to his native home in Hojai, introduced her to his family, signed a marriage notice but never married her. The informant alleged that the petitioner after moving to Delhi in 2015 for employment, continued to visit her in Guwahati and engaged in similar conduct during those visits. The informant further alleged that during the COVID-19 lockdown, from 10-06-2020 to 21-07-2020, she stayed at the petitioner's residence in Pub-Bhalukmari, Lanka, where the informant was mentally and physically harassed by the petitioner and his mother, who opposed the marriage, and on 20-07-2020, the petitioner allegedly attempted to murder her with a sharp weapon (daw), and on the following day, forced her to sign blank stamp Page No.# 3/5 papers. The informant claimed that the petitioner repeatedly threatened her over phone not to approach the police, but she eventually lodged an FIR at Pulibor P.S. on 04-08-2020 being Case No. 465/2020 under Sections 376, 343, 420, 506, 34 IPC, which led to submission of a charge-sheet; however, during the investigation, the petitioner allegedly manipulated the informant into signing an affidavit, assuring the informant of marriage to obtained anticipatory bail. The informant alleged the petitioner again resumed cohabitation with her in Guwahati in rented accommodations, including at Bormotoria and Barbari, where she was again subjected to abuse, coercion, and forced physical relations, and during the period of 28-01-2023 to 18-02-2023, she stayed with the petitioner after his mother's death and performed rituals with the family. Thereafter the informant suspected the petitioner of having an illicit relationship with Smti. Shanti Sharma which was supported by the petitioner's maternal uncle Dilip Laskhar. The informant alleged financial exploitation by the petitioner, stating that she took a loan of Rs. 33,000/- for purchasing a refrigerator for their shared house hold, provided Rs. 34,000/- on 08-04-2024 to the petitioner through bank transfer and on 20-03-2022 also gave Rs. 2,00,000/- in cash to the petitioner for business purpose. The informant also alleged that on 17-04-2024 the petitioner hacked her phone, deleted and destroyed photographs and documents from her mobile phone without her permission and on 18-04-2024 the informant alleged the petitioner of committing theft in her house in her absence. The informant alleged that on 28-02-2025 the petitioner out rightly rejected to marry her and tried to take her life with a sharp Page No.# 4/5 weapon when she visited the petitioner's residence seeking clarity of their relationship. The informant also alleged the petitioner forced her to consume contraceptives, coerced her into multiple abortions, assaulted her even during her menstrual cycles, grew increasingly alcoholic, and displayed violent behaviour. 4. The learned counsel for the petitioner submitted that the informant and accused were in love relationship which deteriorated with frequent misunderstanding and quarrels over trivial issues used to take place between them and earlier also the informant had lodged criminal cases against her, one of which resulted in charge-sheet being laid against him and trial in the case is progressing as Sessions Case Type-2 No. 144/2024, before the Additional District and Session Judge (FTC), Hojai, wherein the petitioner has been enlarged on bail. Further, the informant has continued to harass the accused by lodging FIR’s at a different Police Station as in the instant case. 5. Upon perusal of the CD and the statements of the victim/informant herself, it appears that the informant who is a law graduate and practicing lawyer had voluntarily accompanied the accused and co-habited with him for a long period. As far as the other allegations are concerned, besides the statement of the victim/informant, there does not appear to be any other independent material. Moreover, the accused has been in custody since 11.07.2025 i.e. for about 47 days. 6. Having regard to the period of detention alongwith the other material on record, further detention of the petitioner/accused is not Page No.# 5/5 warranted. 7. Accordingly, the prayer of the bail is allowed. The accused abovenamed shall be released on bail of Rs. 50,000/- with 2 local sureties of the like amount in connection with the aforesaid case to the satisfaction of learned CJM, Kamrup. 8. This bail is granted on the condition that the accused person shall not try to influence the witnesses including the victim/informant or her family members or try to hamper the investigation. JUDGE Comparing Assistant