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2026 DAILYLAW 13870 (GAU)

DIMBESWAR PATOWARY v. THE STATE OF ASSAM

AB/2143/2026 · 2026-09-07

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010193632026 2026:GAU-AS:13011 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2143/2026 DIMBESWAR PATOWARY SON OF CHAKRADHAR PATOWARY RESIDENT OF NO.1 BAGTA, POLICE STATION- HAJO, DISTRICT-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR H ALI,MR. J PATOWARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 08.09.2026 1. Heard Mr. H. Ali, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for the grant of pre-arrest bail in connection with Hajo P.S. Case No.418/2026 registered under Sections 74/75 Page No.# 2/3 of the BNS, 2023. 3. The FIR in connection with which the petitioner apprehends arrest was lodged on 28.08.2026 by the informant stating inter alia that while she was returning from her college at about 5:00 p.m. on 24.08.2026 the petitioner came on a motorcycle asked her to sit on the motorcycle. She accordingly sat on the motorcycle and travelled with the petitioner. She further stated that instead of taking the road towards her home, the petitioner stopped the motorcycle near an isolated place and with an alleged ill intention, touched her inappropriately and attempted to pull her towards him. She further alleged that when she told the petitioner that she would walk home the petitioner made her sit on his motorcycle and thereafter dropped her on the road leading to her village. 4. Mr. Ali, learned counsel appearing for the petitioner submits that the allegation made in the FIR is a concocted one. He further submits that the petitioner and the victim were in a relationship. 5. Mr. R.J. Baruah, learned APP however submits that the contents of the FIR disclose that the petitioner had touched the private parts of the victim and had attempted to pull her towards him, thereby prima facie attracting the offences punishable under Sections 74 and 75 of the BNS, 2023. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that the victim had again boarded the motorcycle and travelled with the petitioner towards her house, this Court deems it fit to enlarge the petitioner on bail upon furnishing a bail bond of Page No.# 3/3 Rs.20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant