Page No.# 1/3 GAHC010192272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2613/2026 SRI MUKTI DAS S/O-LATE HALIRAM DAS VILL DANIGAON, BRAHMAJAN, PS.- HELEM, DIST. BISWANATH, ASSAM, PIN-784172. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.09.2026 Heard Mr. L. Gogoi, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for bail in connection with Sessions Case No. 117/2026 pending before the Sessions Judge, Biswanath, Page No.# 2/3 Assam corresponding to Helem Police Station Case No.47/2026 registered under Sections 64 and 351(3) of BNS, 2023. The FIR in connection with which the petitioner was arrested and is incarcerated for the last 63 days was lodged by one Sonali Das on 07.07.2026 stating inter alia that she was married to one Siba Das and she has a five year old son and that her husband works in Guwahati for earning livelihood. She further stated that taking advantage of her husband's absence, the petitioner came to her residence and misbehaved with her and forced her to establish physical relationship with him with the threatening that he will kill her and her minor son. She further stated that she did not tell the fact to her husband and that when her husband came to know about the same, he drove her out of the matrimonial house. 3. The learned Counsel for the petitioner, Mr. L. Gogoi has placed the statement of the alleged victim recorded by the police wherein she stated that she was speaking to the petitioner from time to time over telephone and that the petitioner came to her house at night and committed rape upon her and when her husband came to know, she was thrown out of her house. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State, however, submits that charge sheet has been submitted in the instant case and the matter is pending trial. He further submits that the Trial Court while rejecting the bail application of the petitioner had observed that the same may be considered after the victim is examined. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the statement of the victim shows that there was a relationship between the victim and the petitioner, this Court Page No.# 3/3 deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Sessions Judge, Biswanath under the following conditions: i) the petitioner will appear before the Investigating Officer thereafter as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant