Page No.# 1/3 GAHC010157722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2359/2025 SHRI HARJYOTI DAS S/O- SRI DINESH DAS @ BEZBARUA. R/O- VILL.- SASTAR, P.O.- RAMDIA, P.S.- HAJO, DIST.- KAMRUP, ASSAM, PIN -781102. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MS. SURATI RAJBANSHI (SURTI) D/O- SRI DIPAK RAJBANSHI. R/O- VILL.- NAMATI P.S.-AND P.O.- ALLIA GHAGRAPAR DIST.- NALBARI ASSAM PIN - 781337 Advocate for the Petitioner : MR S K SARKAR, J BAISHYA,MS. S DAS,MS R KALITA Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Mr. S. K. Sarkar, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State as well as Ms. M. K. Brown, learned Amicus Curiae for the respondent No. 2. Page No.# 2/3 2. Though, it appears from the records that a status report of the trial along with the deposition of victim girl was called for from the Trial Court, however, the learned Additional Public Prosecutor has pointed out that the report which has been sent by the learned Sessions Judge, Nalbari is in respect of Sessions (Special) Case No. 39/2025 arising out of Nalbari P.S. Case No. 73/2025, whereas, he submits that the case involved in the instant case is Sessions Case No. 39/2025 not Sessions (Special) Case No. 39/2025, therefore, he prays that a reminder may be issued for receipt of the up-to-date status report from the Trial Court. 3. The learned counsel for the petitioner has produced the certified copy of the order dated 14.08.2025 as well as 17.10.2025 and submits that on perusal of the said orders, it appears that the victim has already been examined and cross-examined on the said dates and has already been discharged. He submits that summons have been issued to two more witnesses, namely, Jonali Rajbongshi and Kamal Deka and the next date is fixed before the Trial Court on 02.01.2026. 4. He further submits that since the victim has been examined and since the petitioner is ready to co-operate in the trial and since he has been detained behind bars for last 228 days, he may be allowed to go on bail. He submits that, the petitioner is ready to abide by any condition which may be imposed by this Court while granting bail to the petitioner. 5. On the other hand, learned Amicus Curiae submits that two more independent witnesses, who are very crucial for prosecution case, are yet to be examined, namely, Chanakya Rabha and Chandan Kalita and she submits that if the petitioner is released at this stage, there is a likelihood of trying to influence the independent witnesses by him, hence, she objects the grant of bail to the petitioner. 6. I have considered the submissions made by the learned counsel for both sides and also gone through the materials available on record. Page No.# 3/3 7. Since, the certified copy of the latest order along with the deposition of the victim girl has been produced by the learned counsel for the petitioner, the non-receipt of the up-to-date status report from the Trial Court may not be relevant at this stage. 8. I have also gone through the statement deposition of the victim girl which was recorded by the Trial Court. Without commenting on the merit of the case, this Court is of the considered opinion that the apprehension shown by the learned Amicus Curiae appears to be mere apprehension at this stage. As the victim girl has already been examined, cross-examined and discharged, if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the trial in the aforesaid case. 9. In view of above, the above named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the Trial Court with following conditions:- i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to the victim girl or to the witnesses or any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Court; ii. That the petitioner shall co-operate in the trial; 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant