Page No.# 1/2 GAHC010032352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./432/2025 GOPAL SUBBA S/O LT. PALDHAJ SUBBA R/O MILANPUR SONAPUR, P.S. SONAPUR DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : Date : 06.03.2025 Heard Mr. J. Payeng, 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 483 of the BNSS, 2023, whereby the petitioner, Sri Gopal Subba has prayed for releasing him on bail in respect of Sonapur P.S. Case No. Page No.# 2/2 18/2025. 3. On 25.01.2025, the victim girl, who was more than 18 years of age, went to Fancy Bazar. From there she went to Khanapara to meet her friend Sunita Gogoi. This Sumita Gogoi introduced the girl to two boys. They all went to Dhaba to have lunch. The girl stated that some intoxicated substances were mixed in her food. She got intoxicated and after that they all went to a hotel at Sonapur. The girl stated that she was kept in the hotel for the whole night. There those two boys committed rape upon her during that night. Next day the girl returned. 4. From the contents of the case diary, Mr. Kaushik submits that the friend of the girl was actually involved in flesh trade and the girl did not have the knowledge about that. 5. Mr. Kaushik submitted that in the test identification parade the girl identified the said petitioner including the boy who had committed rape upon her. 6. Mr. Payeng submits that the petitioner has spent more than 30 days in judicial custody and under the given circumstances, the period of detention of the petitioner should be taken as a ground for releasing him on bail. 7. I have considered the submissions made by the learned counsel of both sides. 8. Without expressing anything on the merit of the case, this Court is of the opinion that the period of detention of the petitioner should be taken as a ground for releasing him on bail. Therefore, the bail application of the petitioner is allowed. 9. It is hereby directed that the petitioner Sri Gopal Subba, who was arrested in connection with Sonapur P.S. Case No. 18/2025 shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant