Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010057992025
2025:GAU-AS:3476
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./910/2025 JAKARIASH MUNDA S/O. LT. RABEN MUNDA, R/O. FALMARI TEA ESTATE, P/O. CHOIBARI, P/S.
CHAPAR, DIST. DHUBRI, ASSAM, PIN-783376.ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MS. A KUMARI,MR. W A SHEIKH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.03.2025
1. Heard learned counsel Mr. M. A. Sheikh for the petitioner Jakariash Munda. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 04.03.2025 in connection with Bongaigaon Police Station Case No. 52/2025 under Sections 64(2)
Page No.# 2/3 (m)/69/89/351(2)/3(5) of the BNS. 3. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he has induced the victim to have physical relationship with him by promising her with marriage. When the victim was impregnated, the petitioner refused to marry the victim and he induced her to undergo abortion of the five month old fetus. 5. It is submitted on behalf of the petitioner that a false case has been brought up against him. The petitioner has admitted that he had a love relationship with the victim, but he did not induce her to have physical relationship with him with false promise of marriage as they decided to marry in the year 2027. 6. It appears that bail may be granted to the petitioner. The petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. It is also submitted on behalf of the petitioner that the petitioner has been behind bars since 04.03.2025. 7. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.
50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon, under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioner shall not exercise threats to the witnesses or the victim, and
Page No.# 3/3 (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, the Jurisdictional Court/Elaka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant