Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010230552025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2472/2025 MOON RAJ BARO S/O PRABHAT BARO R/O DIGHELI, BARAMA P.S. BARAMA DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MR D SHARMA,MR. M KALITA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.11.2025
1. Heard Mr. K. K. Handique, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Moon Raj Baro, apprehending arrest
Page No.# 2/2 in connection with Abhyapuri P.S. Case No. 231/2025 registered u/s 69 of BNS, 2023.
3. The gist of the case as has been narrated in the FIR is that the informant was in a love relationship with the accused applicant for the last three years and with the promise of marriage, the accused applicant had established physical relationship with the informant. However, the accused applicant refused to marry her and married another girl on 16.10.2025.
4. The Case diary, as called for, is received and the statement of the victim girl recorded under Section 183 BNSS is also available in the case diary wherefrom it appears that she has been in relationship with the accused because of love affair which included physical relationship.
5. It has been held by the Hon’ble Supreme Court that the case where a mature woman maintains physical relationship with a person for number of years, no element of cheating can be said to have been made out.
6. Having regard to the above, the prayer for pre-arrest bail is allowed and the order dated 17.10.2025 is hereby made absolute on the same conditions.
7. Return the case diary.
8. This disposes off the anticipatory bail application.
JUDGE Comparing Assistant