Page No.# 1/2 GAHC010028452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/302/2025 PROBHAT CHANDRA DEORI S/O- MONESWAR DEORI, VILLAGE 30, DHUNAGURI BORGAYA DEORI GAON, P.S-SILAPATHAR, DIST-DHEMAJI, ASSAM, PIN-786110 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR BHASKAR DEORI, R L CHUTIA,MR A KHANIKAR,MR B DEORI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.02.2025 Heard the learned Senior Counsel Mr. A.C. Sarma assisted by Mr. B. Doeri, the learned counsel appearing for the petitioner. Also heard Mr. RR Kaushik, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for pre-arrest bail in respect of Dibrugarh P.S. Case No. 55/2025. 3. The informant girl was maintaining relationship with the petitioner for a period of Page No.# 2/2 4 (four) years. She says that on 03.02.2025, she was called to a hotel in Dibrugarh, where they spent night together, though she says that the petitioner had forceful physical relationship with her. Next day the petitioner allegedly took her to Dhemaji. According to the informant, the petitioner deserted her at Gogamukh and he could not be found. Therefore, the informant girl called her father. 4. I have considered the submissions made by the learned counsels of both sides. 5. On a plain reading of the FIR, it can be easily presumed that the informant girl was a consenting party to the act of the present petitioner. For these reason, the petitioner does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed. 6. It is hereby directed that in the event of arrest in connection with Dibrugarh P.S. Case No. 55/2025, the petitioner Sri Probhat Chandra Deori shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 7. The petitioner shall co-operate with the Investigating Officer as and when required. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant