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2025 DAILYLAW 24974 (GAU)

SAUMITRA NATH ALIAS SOUMITRA NATH v. THE STATE OF ASSAM

Bail Appln./3608/2025 · 2025-11-10

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010245302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3608/2025 SAUMITRA NATH ALIAS SOUMITRA NATH VILLAGE - KARAKASHYA LANE, SHIBBARI ROAD, TARAPUR, P.S.- SILCHAR, DISTRICT - CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR S K CHHETRY,MR. M ISLAM,MR. N UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.11.2025 1. Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. N. Uddin, learned counsel for the petitioner and also heard Mr. D. P. Goswami, learned Addl. P.P for the State. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, Saumitra Nath @ Soumitra Nath, who was arrested on Page No.# 2/3 25.09.2025 in connection with Silchar P.S. Case No. 951/2025 under Sections 117(2)/64/75/76/78/79 of BNS. 3. The allegation made against the petitioner is that on 25.09.2025, the informant lodged an FIR before Silchar Police Station, alleging inter-alia that she is working in the District Commissioner’s office, Cachar Election Branch, Silchar and since last year, she was harassed by the petitioner sexually at her workplace, as both are working in the same department. Consequently, on 24.09.2025 at about 3 PM, the petitioner raped her and as a result, she sustained injuries and suffered both mentally and physically. 4. This court vide order dated 23.10.2025 had rejected the previous bail application being Bail Appln No. 3264/2025, after perusal of the case diary. 5. The learned Senior counsel submits that considering the length of detention of 48 days and the fact that the statement of the victim as well as that of other independent witnesses have already been recorded, further, detention of the petitioner may not be necessary. It is also been pointed out by learned Senior counsel that despite the allegation of sexual harassment continuing for a long period no complaint was filed by the victim. 6. Be that as it may, having regard to the period of detention the prayer for bail is allowed. 7. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned CJM, Cachar, Silchar in connection with the aforesaid case subject to the following conditions:- (a) That the accused person shall be available for remaining trial; Page No.# 3/3 (b) That the accused persons shall not hamper or tamper with evidence. 8. Accordingly, the bail petition is disposed of. JUDGE Comparing Assistant