Page No.# 1/2 GAHC010220582025 2025:GAU-AS:13463 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2394/2025 THULEN DAS S/O- LATE NARENDRA NATH DAS. R/O- NO 2 BANTOW, P.O - DHAKUAKHANA, P.S- DHAKUKAKHANA, DISTRICT- LAKHIMPUR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.09.2025 Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of Garamur Police Station Case No.43/2025 under Section 69 of the BNS, 2023. Page No.# 2/2 3. The informant girl has alleged in the FIR that she had fallen in love with the petitioner and had physical relationship with him, she did not know that he was already married and later on she came to know. The girl was promised that she will be married by him. 4. It may be stated that on an earlier occasion also, the girl had lodged an FIR before Police stating that she was living with him under one roof for 9 (nine) months even when he refused to marry her and the informant girl had withdrawn the said FIR and subsequently filed the present FIR. 5. I have considered the submissions made by learned counsel for both sides. 6. It is a settled position of law that simple promise to marry without anything more does not constitute the offence of cheating. This seems to be clear cut case where the girl had stayed with the present petitioner for 9 (nine) months as his wife. 7. This Court is of the opinion that for this offence the petitioner does not deserves to be detained in custody. 8. His prayer for pre-arrest bail is allowed. 9. It is hereby directed that in the event of arrest in connection with Garamur Police Station Case No.43/2025, under Section 69 of the BNS, the petitioner, Thulen Das shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting Authority. 10. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant