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2026 DAILYLAW 14551 (GAU)

SHRI DEEP DEKA v. THE STATE OF ASSAM

Bail Appln./2762/2026 · 2026-09-15

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010202032026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2762/2026 SHRI DEEP DEKA SON OF KAMAKHYA DEKA, RESIDENT OF KALI MANDIR, HENGRABARI, P.O. HENGRABARI, P.S. DISPUR, DISTRICT KAMRUPM, ASSAM, PIN 781036 VERSUS THE STATE OF ASSAM REPRESENTED BY THE . ASSAM. Advocate for the Petitioner : MR. S N TAMULI, MS P DEKA,MS. A BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.09.2026 Heard Mr. SN Tamuli, 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 Dispur P.S. Case No. 629/2026 corresponding to PRC Case No.2933/2026 registered under Sections 74/75/78 and 351(3) of BNS, 2023. The FIR in Page No.# 2/3 connection with which the petitioner was arrested and was put behind the bars was lodged on 25.08.2026 by the victim stating inter alia that while she returns from her University to her home, the petitioner had followed her for last 20 days and that on the day of lodging of the ejahar at around 05:00 pm on her route towards her home, the petitioner had again followed her and tried to touch her. She further stated that she rushed to her house and told her parents and when her parents came out and confronted the petitioner for his actions, the petitioner initially denied and then abused them verbally and tried to attack them. 3. The learned Counsel for the petitioners submits that the story narrated is a concocted story and there was no intention on the part of the petitioner to follow or touch the victim. He submitted that the Trial Court had rejected the bail order only on the ground of suspicion that the petitioner would abscond and that the same would delay the proceedings. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State, submits that in the said rejection order Case Diary was seen and enough materials were found against the petitioner. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so in view of the fact that no specific action was stated against the petitioner which had the potentiality to outrage the modesty of the victim, this Court deems it fit to enlarge them on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of JMFC, No.4 Kamrup(M) at Guwahati, under the following conditions: i) the petitioner will appear before the Investigating Officer within a period Page No.# 3/3 of 10 days from the date of the order. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither 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