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2025 DAILYLAW 27206 (GAU)

APURBA TALUKDAR v. THE STATE OF ASSAM

Bail Appln./3660/2025 · 2025-12-10

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010246542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3660/2025 APURBA TALUKDAR S/O- NANI TALUKDAR R/O - NIZ BAHJANI P.O/P.S - NALBARI PIN-781335. DISTRICT- NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, GOVT OF ASSAM Advocate for the Petitioner : MR P P MEDHI, Z HAQUE,MR G BARGAYARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 11.12.2025 Heard Mr. P.P. Medhi, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Apurba Talukdar, has prayed for bail in connection with Nalbari P.S. Case No. 243/2025 under Section 331(4)/76 of BNS, 2023. 3. The petitioner is stated to have been detained in custody since 23.07.2025. 4. The case arose out of an FIR dated 23.07.2025 lodged by the alleged victim woman with allegation that on the day of the incident i.e. on 16.07.2025 at around 1 or 2 a.m. in the absence of her husband, the petitioner entered her house and outrage her modesty and the petitioner has done the same acts earlier also. Thereafter, there was a meeting conveyed by the villagers where the petitioner promised not to repeat such behavior. The informant has given an explanation for delay in lodging the FIR. 5. The learned counsel for the petitioner that the investigation is complete and the case is stated to be pending for appearance of the accused. Trial has not started. It is contended that the petitioner is a daily labourer and his family dependent on him. 6. Scanned TCR is available. 7. Perused the statement of the victim woman recorded under section 183 BNSS where she is implicated the petitioner. Charge has also been famed 331(4) of BNS. 8. I have given my consideration to the facts and circumstances and the materials, the petitioner can be released on bail at this stage, subject to Page No.# 3/3 conditions. 9. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Nalbari P.S. Case No. 243/2025 under Section 331(4)/76 of BNS, 2023, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 10. The direction for bail is further subject to the following conditions: (a) shall not abscond; (b) shall not hamper or tamper with evidence; (c) shall not try to influence any witnesses; and (d) shall not intimidate or harass the informant or her family members. 11. Violation or breach of any condition(s) shall entail cancellation of bail. 12. With the above observations, this bail petition stands allowed and disposed of accordingly. 13. Send back the case diary. JUDGE Comparing Assistant