Page No.# 1/4 GAHC010188232025 2025:GAU-AS:13268 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2758/2025 ARUP NARAH S/O MURULI NARAH RESIDENT OF BORKALIA BIRINABARI, PS GARAMUR, DISTRICT MAJULI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MRS. B GOGOI, A N HUSSAIN,MS M BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 25-09-2025 Heard Ms. A. M. Hussain, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Arup Narah who was arrested in connection with Sessions Case No. 21/2025 arising out of Garamur P.S. Case No. 29/2025, under Sections 69/89 of the BNS, 2023, pending in the Court of learned District and Sessions Judge, Majuli. 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Ms. Hussain, learned counsel that the petitioner is innocent and he has not committed any such offence, as alleged in the FIR. However, it is a fact that there was a love relationship between the petitioner and the victim and if anything had happened, it was consensual. 5. She further submitted that the case has already been charge sheeted, charge has already been framed and the case is presently at the stage of evidence. 6. The petitioner is in custody for the last 103 days and from the materials in the FIR it is seen that the case of the petitioner does not attract Section 69 of the BNS. Further, she submitted that the medical report also does not support the prosecution case. She also submitted that the accused being a permanent resident of the address locality, he will regularly appear before the learned Sessions Judge as and when the date is fixed by the Court. Page No.# 3/4 7. Mr. Baishya, learned Addl. PP submitted in this regard that earlier bail application of the present petitioner was rejected by this Court on 07.08.2025, after perusal of the case record and also with the observation that the chances of hampering or tampering with the evidence cannot be denied. 8. Mr. Baishya, learned Addl. PP further submitted that from the scanned copy of the record, it reveals that the charge was framed on 29.08.2025 and thereafter, the learned Sessions Judge also prepared a Calendar for examination of the witnesses as well as for hearing etc., which is already reflected in the order dated 29.08.2025 when the charge was framed against the petitioner under Section 64 (2)(m)/69/89 of BNS. 9. Mr. Baishya, learned Addl. PP accordingly submitted that as per the Calendar, today is the date fixed for recording of evidence of PW-1/victim and he further submitted that there is no new or urgent ground in the petition which was earlier rejected by this Court considering the probability of tempering with the evidence of witnesses, specially the victim. 10. Heard the submissions of the learned counsel for both sides, I have also perused the scanned copy of the record as well as the order passed by the learned Sessions Judge dated 29.08.2025 framing charge against the present petitioner. It reveals that the order has been passed considering the view and directions of the Hon’ble Supreme Court in the case of Shailendra Kumar Vs. State of Bihar reported in (2002) 1 SCC 655 and accordingly, the list of Calendar is also furnished to the O/C of the concerned Police Station, so that the case may be proceeded accordingly and to avoid unnecessary delay. 11. Thus, from the order of the learned Sessions Judge as well as from the earlier rejection order, it is seen that there is no new or urgent ground in the Page No.# 4/4 case and the earlier bail application was rejected only considering the fact that there may be probability of tempering with the evidence of witnesses, specially the victim/PW-1. 12. Accordingly, this bail application of the petitioner, namely, Arup Narah in said Sessions Case No. 21/2025 arising out of Garamur P.S. Case No. 29/2025, under Sections 69/89 of the BNS, 2023, pending in the Court of learned District and Sessions Judge, Majuli, stands rejected at this stage. 13. This bail application accordingly, stands disposed of. JUDGE Comparing Assistant