Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14493 (GAU)

SHIVAM LASKAR v. THE STATE OF ASSAM

Bail Appln./2439/2026 · 2026-09-15

Shamima Jahan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010180002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2439/2026 SHIVAM LASKAR S/O - LATE JAYANTA LASKAR, PRESENT ADDRESS VILLAGE BORAGAON MILANPATH, POST OFFICE, POLICE STATION GORCHUK DIST- KAMRUP(M), ASSAM PERMANENT ADDRESS HALUWAGAON, P.S. DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MAYUR DAS, MISS S ZAMAN,MR. R RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.09.2026 Heard Mr. M. Das, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Jalubkari P.S. Case No. 305/2026 registered under Section 64 and 87 of BNS, Page No.# 2/3 2023. The FIR in connection with which the petitioner was arrested on 05.08.2026 was lodged by the mother of the victim stating inter alia that her daughter, who was 19 years of age was lured by the petitioner from her college and was taken to the house of the petitioner and the petitioner had committed physical relationship with her. 3. The learned Counsel for the petitioner submits that the petitioner and the victim were in love relationship and that the mother of the victim had forced the victim to lodge the ejahar and on her denial, she lodged the ejahar against the petitioner 4. Mr. B. Sharma, learned Additional Public Prosecutor on perusal of the Case Diary submits that the petitioner had committed rape upon the victim. He had placed the statement of the victim recorded under Section 183 BNSS, wherein she stated that although she was having a relationship with the petitioner but on the day of occurrence, she was forced to have physical relationship with him without her consent. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the petitioner has been inside the jail for 42 days and the statement of the victim also shows that they were in relationship, this Court 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 CJM, Kamrup(M), under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither Page No.# 3/3 influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant