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2025 DAILYLAW 24474 (GAU)

ABINASH DEKA v. THE STATE OF ASSAM

Bail Appln./3531/2025 · 2025-10-31

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010239532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3531/2025 ABINASH DEKA S/O BIJOY DEKA PRESENT ADDRESS- B.T. COLLEGE, PRAFULLA DHAM, P.O. ULUBARI, P.S- PALTANBAZAR, DIST - KAMRUP (M), ASSAM PERMANENT ADDRESS - HOWLY MOHANPUR, P.S. MANGALDAI DIST. DARRANG VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P K SAHARIA, MS K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 01.11.2025 Heard Mr. P. K. Saharia, learned counsel for the petitioner and Mr. K.K. Parashar, learned Addl. PP for the State. Page No.# 2/3 By this application the petitioner has prayed for bail in connection with All Women P.S Case No. 81 of 2025 registered under Section 69/89 of the BNS, 2023. The F.I.R dated 04.10.2025 lodged by the victim revealed that she was staying with the petitioner since April 2025 and that the petitioner under the pretext of being in love with her and assured her of marriage, and asked some money from her. It is also stated that the petitioner tempted her to marry her but he did not till date. It is also stated that she herself went to the hospital and took tablet and wash her pregnancy and have recovered. The learned counsel for the petitioner submits that the victim was 25 years of age and she had a love relationship with the petitioner and there is nothing on the part of the petitioner showing that he had established sexual relationship on the false promise that he would marry her. The learned Addl. PP submits that the allegations in the F.I.R are serious and the statement of the victim may be seen. On consideration of these submissions made by the counsels and more so, looking at the F.I.R which was lodged by the victim herself, who stated that she has relationship with the victim and she also went to the hospital and wash her pregnancy, this Court deems it fit that the petitioner be released on bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of the like amount to the satisfaction of the CJM, Kamrup, Metro, under the following conditions:- 1. The petitioner will appear before the Investigating Officer as and when called for and will co-operate with the investigation. Page No.# 3/3 2. The petitioner will not temper any evidence or influence any other witnesses connected with the instant case. 3. The petitioner will not leave the place of residence without the permission of the arresting authority. Petition is disposed of. JUDGE Comparing Assistant