Page No.# 1/3 GAHC010028142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./366/2025 SRI PANKAJ BORO SON OF MAJEN BORO, RESIDENT OF VILLAGE SIMILA TARABARI, P.S. BOKO, IN THE DISTRICT OF KAMRUP, ASSAM, VERSUS THE STATE OF ASSAM REPRESENT BY PP ASSAM Advocate for the Petitioner : MR. P K GOGOI, MR. B PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07.04.2025 1. Heard learned Counsel Mr. B.Phukan for the petitioner Pankaj Boro who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind bars since 10.01.2025 in connection with Boko PS Case No. 16/2025 under Sections 64 (2) (K) of the BNS. Page No.# 2/3 2. Mr. R.J.Baruah, learned Addl.Public Prosecutor is present for the respondent State. 3. The allegation against the petitioner is that on 08.01.2025 at about 4.30 pm, the petitioner forcefully committed rape on the victim. 4. Learned Addl.P.P. has submitted that there are incriminating materials in the Case Diary and considering the brutal act of the petitioner, he is not entitled to bail. 5. I have scrutinized the Case Diary. There are indeed incriminating materials against the petitioner in the Case Diary. The petitioner is willing to co-operate with the trial. It is submitted that the petitioner is the sole bread winner in the family and he is a retired army personnel. 6. Case Diary reveals that the petitioner is behind the bars for 88 days but charge sheet has not been submitted as yet. 7. I have considered the length of detention. 8. I have considered the submission that the petitioner is willing to co- operate with the trial . 9. Considering all the aspects, the prayer for bail is allowed. 10. The petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned jurisdiction court/Eleka Magistrate subject to the following conditions: i) The petitioner shall co-operate with the remaining part of the investigation and not jump the bail, Page No.# 3/3 ii) The petitioner shall appear before the I.O. till completion of the investigation, iii) The petitioner shall not exercise any threats or influence the witness, iv) That the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the above conditions, learned court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observations, the bail application stands disposed of. 11. Send back the Case Dairy. JUDGE Comparing Assistant