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2026 DAILYLAW 1135 (GAU)

ARUP NARAH v. THE STATE OF ASSAM

Bail Appln./83/2026 · 2026-01-21

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010003152026 2026:GAU-AS:760 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./83/2026 ARUP NARAH S/O MURULI NARAH, R/O KALIABINIRABARI, PS GARAMUR, DIST MAJULI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MRS. B GOGOI, A N HUSSAIN,MS M BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-01-2026 Heard Ms. B. Gogoi, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 14.06.2025 in connection with Garamur P.S. Case No. 29/2025 u/s 68/89 of BNS Act. 3. It is submitted by Ms. Gogoi that the present accused/petitioner is innocent and have not committed any such offence as alleged in the FIR. However, it is admitted that the accused/petitioner and the victim had love relationship and the accused assured to marry her after getting job and whatever physical relationship between the parties were purely consensual. Further accused/petitioner is in custody from 14.06.2025 and four witnesses have already been examined by the prosecution. Hence considering all the aspects of the case, the petitioner may be enlarged on bail. He being the permanent resident of his addressed locality will appear to each and every date as fixed by the Court and will contest the case. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the evidence of the victim herself it is seen that there was a love relationship between the parties and the relationship was also consensual. But, there are other materials in the evidence of the PWs and accordingly he raised objection in granting bail to the accused/petitioner. 5. Considering the submissions made by learned counsel for both sides, I have also perused the evidence filed along with the petition, especially the evidence of the victim which has been annexed along with the petition. Considering the evidence of the victim as well as the other evidence-on-record, I find that further custodial detention may not be necessary for the present case. In view of this, I find it justified to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond Page No.# 3/3 of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Majuli. The accused/petitioner, namely Arup Narah, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (ii) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Majuli without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant