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2025 DAILYLAW 19965 (GAU)

BINOY SINGHA v. THE STATE OF ASSAM

AB/2372/2025 · 2025-09-25

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010220852025 2025:GAU-AS:13493 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2372/2025 BINOY SINGHA SON OF SHRI HEMENDRA SINGHA, RESIDENT OF SAUTALGAON, POST OFFICE - KOUPATI, POLICE STATION - ROWTA, DISTRICT - UDALGURI, BTR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. DITUL DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.09.2025 Heard Mr. Ditul Das, learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioner, viz., Binoy Singha has prayed for pre-arrest bail in connection with Page No.# 2/3 Dalgaon Police Station Case No.144/2025 registered under Section 69 of the BNS, 2023. The F.I.R. reveals that the petitioner and the victim were in a love relationship since the year 2019 and that on the pretext of marriage the informant states that the petitioner had established physical relationship with her without her consent and later on the petitioner was avoiding her and that there was a threatening to kill her. It is also stated in the F.I.R. that the informant had lodged a complaint before the Women Commission and that a fake marriage settlement was entered into between the parties and further that the petitioner got a job in the police and that he avoids the marriage with the victim. Mr. Das, learned counsel for the petitioner submits that in fact the petitioner and the victim were in love relationship for long and that when the petitioner came to know the victim was maintaining relationship with other persons, the petitioner not only objected to marry her but also informed her parents about the same and that the ingredients of Section 69 are not attracted in the instant case. Mr. R. Kaushik, learned Addl. P.P., Assam for the State, however, submits that the allegations in the F.I.R. makes it crystal clear that the petitioner and the informant were in a love relationship since long and that the petitioner denied to marry her later and that Section 69 of the BNS is very much attracted in the instant case. Page No.# 3/3 Upon consideration of the submissions made by the learned counsel for the parties and more so in view of the contents of the F.I.R. as well as the marriage agreement between the parties, this Court deems it fit that the petitioner may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with one local surety of the like amount to satisfaction of the arresting authority under the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the arresting authority without prior permission. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant