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2025 DAILYLAW 26668 (GAU)

SHRI GOBIN @ GABIN BARMAN @ DIBRA v. THE STATE OF ASSAM

AB/2646/2025 · 2025-11-27

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010245712025 2025:GAU-AS:16246 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2646/2025 SHRI GOBIN @ GABIN BARMAN @ DIBRA S/O- LATE NAGEN BARMANR/O- BORDOLONG, P.O P.S-LANKA,DISTRICT- HOJAI, PIN-782446, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N B P SINGHA, MR A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.11.2025 1. Heard Mr. N.B.P Singha, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 has Page No.# 2/3 been filed by the petitioner, namely, Gobin @ Gabin Barman @ Dibra, seeking pre-arrest bail in connection with Lanka P.S Case No. 191/2025 registered under Section 62/64(1)/79 and 329(4) of BNS,2023. 3. Case diary, as called for, has been received. 4. The allegation as reflected in the FIR is that on the date of occurrence, the petitioner taking advantage of the absence of the husband of the informant, entered her house and grabbed her by putting her down on the floor. On the arrival of her two daughters, the petitioner ran away. 5. The case is registered under Section 62/64(1)/79 and 329(4) of BNS, 2023. 6. The offence under Section 62/64(1) i.e. attempt to commit rape is punishable with 5 (five) years imprisonment. 7. It also appears from the petition that there was a prior dispute relating to land between the parties. 8. Having regard to the above as well as nature of the allegations, custodial interrogation of the petitioner may not be necessary. Accordingly, the prayer for pre-arrest bail is allowed. 9. It is provided that, in the event of the arrest of the petitioner in connection with the above-noted case, the above- named petitioner, shall be allowed to go on pre-arrest bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of the like amount subject to the satisfaction of the arresting authority with following condition: Page No.# 3/3 (i) That the petitioner shall appear before the I.O within a period of 7(seven) days from the date of passing of this order; (ii) That the petitioner shall not try to influence or intimidate the witness in any manner. 10. Accordingly, this anticipatory bail stands disposed of. JUDGE Comparing Assistant