Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010001572025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/38/2025 UDAYAN SAIKIA S/O LATE KIRAN CH. SAIKIA R/O VILL- BUM KURUUA CHOWA, P.O. KAKOJAN, P.S. TEOK DIST. JORHAT VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B KAUSHIK, K BHARALI,MR. S HAZARIKA,MR S M T CHISTIE Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER 09.01.2025
Heard Mr. B. Kaushik, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 482 of the BNSS, 2023, by the petitioner, namely, Sri. Udayan Saikia, praying for pre-arrest bail in respect of Jorhat Police Station Case No.524/2024.
3. In the year 2023, one lady had lodged an FIR before the police alleging that the present petitioner while living with her for a long time ditched her for some reasons. Therefore, the girl lodged an FIR before the police and that case was charge-sheeted. On 21.12.2024, the Trial Court acquitted the present petitioner on that case.
4. It may be mentioned that during the pendency of the said case before the Trial Court in the month of July, 2024, the petitioner again entered into the life of the girl and they again started to live together, as a result of which, the girl became pregnant.
5. Now the girl says that this time the petitioner put pressure upon her to give birth to the baby. It may be mentioned that the petitioner is already married having a son.
6. I have considered the submissions made by the learned counsel of both sides.
7. The informant girl is a mature woman and she has the ability to understand
Page No.# 3/3 everything, in spite of that she continued with her relationship with the present petitioner. In such a circumstance, the petitioner does not deserve to be detained in custody. His pre-arrest bail application is hereby allowed.
8. Accordingly, in the event of arrest of the petitioner, he shall be released on furnishing bail bond of Rs.20,000/- with surety of like amount to the satisfaction of the arresting authority on the condition that the petitioner shall appear before the Investigating Officer within 7 (seven) days from today and shall co-operate with the investigation as and when required.
9. With the aforesaid direction, the pre-arrest bail application stands
disposed of.
10. Case diary shall be returned back.
JUDGE Comparing Assistant