Page No.# 1/2 GAHC010038682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./558/2025 BASUDEV DAS S/O KRISHNA DAS R/O BARPHULGIRI P.S.PALASHBARI, DIST.KAMRUP (R) VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A K BHUYAN, MR A SHARMA,MR J DAS,MR A TALUKDAR,MR. A KHOUND,MS B BORA,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 03.03.2025 Heard Ms. N. Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sri Basudev Das has prayed for releasing him on bail in connection with Palashbari P.S. Case No.41/2025 under Section 69 of the BNS, 2023. 3. A widow having a five year old son had developed relationship with the present petitioner. They had physical relationship also. As a result of which, the woman became pregnant. 4. It is alleged that on the promise of marriage, she allowed him to have physical relationship with her. Now, the petitioner has refused to marry her. 5. I have considered the submissions made by the learned counsel of both sides. 6. It is a settled position of law that a simple promise of marriage, does not give rise to misconception of facts as defined in law. 7. I have heard the learned counsel of both sides. 8. The petitioner has already spent 30 days in judicial custody. This Court is of the opinion that the petitioner no longer deserves to be detained in custody. His bail application is allowed. 9. It is hereby directed that the petitioner Sri Basudev Das who was arrested in connection with Palashbari P.S. Case No.41/2025 under Section 69 of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant