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2025 DAILYLAW 24807 (GAU)

AMARJYOTI BARUAH AND ANR v. THE STATE OF ASSAM AND ANR

Bail Appln./3750/2025 · 2025-12-09

Rajesh Mazumdar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010262852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3822/2025 BIKASH PATOR ALIAS PATAR S/O- RAI SING PATAR ALIAS RAJA CHING PATAR VILL- PACHIM NAGAON, P.O. AND P.S.- JAGIROAD DIST.- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JYOTI TAMULI W/O BHABESH TAMULI R/O PASCHIM NAGAON P.S. JAGIROAD DIST MORIGAON ASSAM Advocate for the Petitioner : S K PODDAR, MR P DAS,MR. R GHOSH,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, MR. S NAWAZ(AMICUS CURIAE, R2) Linked Case : Bail Appln./3750/2025 AMARJYOTI BARUAH AND ANR S/O- LATE ANANDARAM BARUAH 2: DEBOJIT MALOI ALIAS DHAN S/O- LATE DHANESWAR MAHTTA BOTH ARE RESIDENTS OF VILL- PACHIM NAGAON P.S.-JAGIROAD DIST.-MORIGAON Page No.# 2/3 ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:JYOTI TAMULI W/O BHABESHTAMULI R/O PASCHIM NAGAON P.S. JAGIROAD DIST MORIGAON ASSAM ------------ Advocate for : S K PODDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 10.12.2025 1. Heard Mr. S.K. Poddar, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned APP for the State of Assam and Mr. S. Nawaz, learned Amicus Curie for the respondent no.2. 2. The learned counsel for the petitioners contended that it is an admitted fact that the photographs and videos in question were not obtained by force or coercion but with the consent of the parties. It was further argued that the petitioner and the victim were in a consensual relationship, and hence, the subsequent leakage of the said material after a considerable lapse of time would not attract the penal provisions invoked in the FIR. 3. The learned APP has submitted that it is an admitted position that the victim Page No.# 3/3 is a minor girl and, given the ages of the accused/petitioners, there is every possibility that they may try to hamper or tamper with the investigation if released on bail at this stage. 4. The learned counsel appearing for respondent No. 2 has also submitted that the victim, being a minor girl, may be under threat of coercion, duress, or influence if the petitioners are released on bail at this stage. 5. We have considered the submissions made by the learned counsel for the parties and have also gone through the case diary as produced before us. Having regard to the materials on record, we do not find this to be a fit case, at this stage of the investigation, to consider granting the privilege of bail to the petitioners. 6. Accordingly, this bail petition is rejected at this stage. The dismissal of the bail petition shall not bar the petitioners from approaching the Court upon any future development. JUDGE Comparing Assistant