Page No.# 1/2 GAHC010221812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2444/2025 SRI BUDHEN DUTTA S/O- SRI GANESH DUTTA, RESIDENT OF BALITIKA, P.O. - ELENGISATRA, P.S- GOHPUR, DIST-BISWANATH, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30-10-2025 Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. This is an application under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, Sri Budhen Dutta, who is apprehending arrest in connection with Hajo Police Station Case No. 696/2016 (P.R. Case No. 175/2024) under Section 376 IPC. Page No.# 2/2 It transpires that the FIR is of the year 2016 and the charge-sheet has already been submitted showing the petitioner as an absconder. Learned counsel for the petitioner has submitted a certified copy of the statement of the alleged victim recorded under Section 164 Cr.P.C. On perusal of the same, it shows that there is no allegation of forcible sexual intercourse and the victim being aged 22 years had voluntarily entered into physical relationship with the accused. Considering the above and having regard to the fact that the charge-sheet has already been filed, there appears to be no necessity of taking the petitioner into custody. Accordingly, the prayer of pre-arrest bail is allowed. The petitioner is directed to appear before the learned trial Court/Magistrate and upon such appearance, he shall be released on bail of Rs.20,000/- with a surety of the like amount to the satisfaction of the learned Court below. Anticipatory bail application stands disposed of. A copy of the statement recorded under Section 164 Cr.P.C is kept on record. JUDGE Comparing Assistant