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2025 DAILYLAW 19576 (GAU)

RUDRA DAS, v. THE STATE OF ASSAM

Bail Appln./3069/2025 · 2025-09-17

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010212782025 2025:GAU-AS:12929 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3069/2025 RUDRA DAS, S/O SRI DIGANTA DAS R/O VILL-PARGHAT, P.O. AND P.S. GHILAMARA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 18.09.2025 Heard Mr. A Khanikar, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 praying for granting of regular bail to the accused/petitioner, namely, Ghilamara PS Case No. 31/2025, who was arrested on 01.09.2025, under Section 87 of the BNS, 2023 (G.R Case No. 101/25). 3. As per the allegation, the accused person who is aged about 23 years, kidnapped the daughter of the complainant, who is 17 years on his motorcycle for the purpose of marriage. 4. Upon lodging of the FIR, a case under Section 87 of the BNS, 2023, was registered. In the meantime, both the accused and the victim appeared before the I.O., and the accused was arrested and sent to judicial custody, where he has spent 17 days till today. 5. The allegation of forceful kidnapping of a 17-year-old girl on a motorcycle appears to be inherently improbable, and it is submitted that there is an ongoing love affair between the accused and the victim, which led to her elopement. Moreover, the victim is on the verge of attaining majority. 6. Learned Addl. Public Prosecutor further submitted that the accused may not be released on bail at this stage. 7. Having regard to the above circumstances, further detention of the Page No.# 3/3 petitioner is not considered necessary. 8. Prayer for bail is allowed. The accused abovenamed shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the JMFC, Dhakuakhana, Lakhimpur. 8. Considering the above, this Bail Application is disposed off as allowed. JUDGE Comparing Assistant