Page No.# 1/4 GAHC010034322025 2025:GAU-AS:2457 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./504/2025 DHRUBAJIT CHOUDHURY S/O ABHAY CHOUDHURY R/OPATHSALA,WARD NO.9, SAMANNAY PATH, P.S. PATHSALA, DIST. BAJALI, ASSAM PIN-781325 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.03.2025 1. Heard Mr. N.K. Kalita, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Sri Dhrubajit Choudhury, who has been detained behind the bars since 19.01.2025(for the last 48 days), in connection with Pathsala P.S. Case No. 03/2025, under Section 61/64 of BNS, read with Section 3(2)(a)/3(2) (b)/4(2)(b)/9 of Immoral Traffic (Prevention) Act, 1956.G.R. 24/2025). 3. The gist of accusation in this case is that the victim woman had lodged an FIR before the Officer-In-Charge of Pathsala Police Station, on 18.01.2025, inter alia, alleging that the accused No. 1, named in the FIR, namely, Md. Alauddin Ali, is blackmailing her and has committed forceful sexual intercourse with her against her will on several occasions. 4. It is also alleged that the present petitioner took money from the accused No. 1, in lieu of allowing the immoral activity to go on in the rented premises of the victim. 5. The learned counsel for the petitioner submits that the petitioner is the owner of rented premises, where the victim resides. 6. He also submits that there was an illicit relationship between the victim woman and the accused No. 1, Md. Alauddin Ali, and when they were caught red-handed by the husband of the victim, this FIR has been filed. 7. He further submits that there is a delay of 10(ten) days in filing the FIR, which has not been properly explained. 8. The learned counsel for the petitioner also submits that the petitioner has been detained behind the bars for the last 48 days, and Page No.# 3/4 considering the period of detention; he may be allowed to go on bail. 9. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Pathsala P.S. Case No. 03/2025 and has submitted that the victim woman has implicated the accused No. 1, Md. Alauddin Ali, in her statement made under Section 183 of BNSS, 2023. However, he submits that there are incriminating materials against the present petitioner in the statement of the witnesses recorded by the Investigating Officer. He further submits that the investigation has fairly progressed. 10. I have considered the submissions made by the learned counsel for both the sides and have gone through the Case Diary of Pathsala P.S. Case No. 03/2025. 11. Considering the period of detention undergone by the present petitioner, as well as the progress made in the investigation, this Court is of the considered opinion that, further custodial detention of the present petitioner may not be necessary for fair completion of the investigation, if he cooperates in the investigation. 12. In view of the above discussion, the above named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) only with a surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Pathsala, Bajali, Assam with the following conditions:- i. That the petitioner shall appear before the Investigating Officer as and when so required; and ii. That the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; 13. With the above observation, this bail application is accordingly, disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant