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2025 DAILYLAW 25393 (GAU)

RAJA BARO ALIAS RAJA BORO v. THE STATE OF ASSAM AND ANR

AB/2610/2025 · 2025-12-17

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010242152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2610/2025 RAJA BARO ALIAS RAJA BORO SON OF NAGEN BARO R/O VILLAGE RANGAFALI, PS GHOGRAPAR, DIST NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:NABAJIT BARO SON OF BAKUL BARO RESIDENT OF VILLAGE BORAJOL PS GHOGRAPAR DIST NALBARI ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, Amicus Curiac, (R-2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.12.2025 1. Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, appearing for the State respondent as Page No.# 2/3 well as Mr. A. Phukan, learned Amicus Curiae for the respondent No.2. 2. This anticipatory bail application under Section 482 of the BNSS, 2023, has been filed by the petitioner, namely, Raja Baro @ Raja Boro, seeking privilege of pre-arrest bail, apprehending arrest in connection with Rangia P.S. Case No. 233/2025 under Section 69 of the BNS, 2023 read with Section 4 of the POCSO Act, 2012. 3. As per the FIR, the allegation made against the petitioner is that the petitioner had romantic relationship with the sister of the informant and thereafter, the accused took his sister to a hotel near at Rangia wherein with a promise of marriage to her, he forcefully established physical relationship with his sister against her will. 4. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for informant as well as the leaned Addl. Public Prosecutor. I have also perused the case diary. 5. The petitioner is a college going student and the relationship between the petitioner and the sister of the informant is at the age of 17/ 18 years and both have almost attained majority. Till this point of time, there is no direct evidence of any forced assault to the victim. I have also gone through the statement of victim. 6. The learned counsel for the petitioner has submitted that the petitioner is ready to appear before the I.O. within 10 (ten) days from today to participate in the investigation as and when necessary. 7. Taking into consideration of the matter in its entirety, this Court inclined to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the petitioner is directed to appear before the concerned I.O. within ten days from today to Page No.# 3/3 cooperate with the investigation in connection with Rangia P.S. Case No. 233/2025 and in the event of his arrest, the petitioner shall be released on pre-arrest bail on furnishing a bond of Rs. 20,000/ (Rupees twenty thousand only) with two sureties of the like amount to the satisfaction of the arresting authority. 8. It is provided that, as the petitioner is stated to be staying at Nalbari and the victim is also from Nalbari, the petitioner shall not, in any manner, contact with the victim or other witnesses during investigation of the case. The petitioner shall make himself available for interrogation by the Investigating Officer as and when required; the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any other police officer. 9. The bail application stands disposed of. 10. Return the case diary to the learned Addl. Public Prosecutor. JUDGE Comparing Assistant