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2025 DAILYLAW 18822 (GAU)

JAYANTA DAS v. THE STATE OF ASSAM

AB/2182/2025 · 2025-09-23

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010200152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2182/2025 JAYANTA DAS SON OF DHIREN DAS R/O VILL- GARIGAON BUKUNDA P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT.OF ASSAM Advocate for the Petitioner : MR. S K JAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24.09.2025 1. Heard Mr. S. K. Jain, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor. 2. This petition under Section 482 BNSS is filed by the petitioner, namely, Page No.# 2/3 Jayanta Das, apprehending arrest in connection with Tamulpur P.S. Case No. 247/2025 registered u/s 69 if BNS, 2023. 3. The allegation in the FIR lodged by the alleged victim woman is having love affair including physical relationship with false promise of marriage as a result of which she became pregnant. It is further alleged that the accused is now conspiring to marry another girl. 4. It is submitted that in terms of Section 69 of BNS the alleged intention to deceive has to be present right from the inception. 5. The accused petitioner was granted interim bail on 08.09.2025, pursuant to which he is stated to have appeared before the I.O. – which is confirmed by the learned Addl. P.P. Govt. of Assam and also further submitting that the said statement is available in the case diary. 6. The case diary has been placed before this Court. Perused the statements of the alleged victim woman and her mother recorded by police in investigation. 7. Her mother has stated that the accused being introduced by her daughter as a person with whom she has love relations. The statement of the accused is also available and perused. 8. Prima facie, it appears from the materials that the accused and the Page No.# 3/3 alleged victim girl were in a relation and it is also prima facie reveals from the materials that the girl is presently pregnant. Nevertheless, I do not deem it necessary to cancel the interim bail granted. Accordingly, the said interim pre- arrest bail granted vide order dated 08.09.2025, subject to the conditions that : (a) He shall co-operate with the remaining investigation; (b) He shall not hamper or tamper with evidence; (c) He shall not intimate or harass the informant and her family members in any manner. 9. In case of violation of the bail conditions, the bail is liable to be cancelled. 10. Return back the case diary. 11. The writ petition stands disposed of. JUDGE Comparing Assistant