Page No.# 1/4 GAHC010171552026 2026:GAU-AS:12456 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2315/2026 SARADEV YADAV S/O - LATE JAGGU PRASAD YADAV R/O RAMKIRSHNAPUR, TITAGURI PART-I PS DIST. - KOKRAJHAR (BTC) ASSAM PIN -783370 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.08.2026 Heard Mr. S. K. Poddar, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Saradev Yadav has prayed for Page No.# 2/4 releasing him on bail after he was arrested on 27.06.2026 in connection with Kokrajhar Police Station Case No. 96/2026 registered under Section 329(3)/64(1)/74/75(2)/79 of BNS, 2023. 3. The FIR in connection with which the petitioner has been arrested was lodged on 26.06.2026, by the victim herself stating inter-alia that she stayed in a tenanted house owned by the petitioner, and that one night she stayed in her friend's place, and that when on the subsequent night she came back to her rented place, and while she was cooking, the petitioner entered the kitchen and outraged her modesty by touching her hand and by trying to kiss her against her will. 4. It is also stated that the petitioner had sexually assaulted her by touching her breast and vagina from inside her clothes. She further stated that when the petitioner realized that she might shout, the petitioner released from holding her. 5. The learned counsel for the petitioner submits that a counter FIR was lodged by the petitioner stating inter-alia that the alleged victim was committing antisocial work in his place and that she has damaged his house. He also submits that the victim had stated that the incident had taken place on 13.06.2026 and the FIR was lodged on 26.06.2026. He also submits that the petitioner was inside the jail for 63 days and that bail be granted to him. 6. Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam, submits that the statement of the victim recorded under Section 183 of the BNS, 2023 clearly shows that she was subjected to sexual harassment as well as rape under Section 63 of the BNS, 2023. He also has placed reliance on the statement given by another victim who had also stated Page No.# 3/4 that the petitioner had harassed her sexually. He as such submits that no bail be granted to the petitioner. 7. Upon consideration of the submissions made by the learned counsels for all the parties, more so, in view of the fact that there is considerable delay in lodging the FIR, as well as there is no attempt on the part of the victim to shout after the incident had taken place, this Court deems it fit that the petitioner be enlarged on bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar under the following conditions:- 1. That the petitioner shall appear before the Investigating Officer and co-operate in the investigation as and when required; 2. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Barpeta Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. 8. If any of the conditions are found to be violated then the Investigating Page No.# 4/4 Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 9. This Bail application is accordingly stands disposed of. 10. Returned the Case Diary. JUDGE Comparing Assistant