TIKENDRAJIT DAS ALAIS TRIKEN DAS v. THE STATE OF ASSAM AND ANR
AB/2847/2025 · 2026-02-10
Anjan Moni Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1660 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1660 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010264382025
2026:GAU-AS:1920
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2847/2025 TIKENDRAJIT DAS ALAIS TRIKEN DAS S/O- KESHAB DAS, VILLAGE-NO.3 RAMPUR, BHURAPARA, P.O.-RAMPUR, P.S.-PALASHBARI, DIST.- KAMRUP, ASSAM, PIN-781132 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY LEARNED P.P., ASSAM. 2:TULIKA DAS W/O-MUNINDRA DAS VILLAGE-NO.3 RAMPUR BHURAPARA P.O.-RAMPUR P.S.-PALASHBARI DIST - KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MR. S AHMED, T UDDIN Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, (R-2),MR. A PHUKAN, Amicus Curiac, (R-2)
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 11.02.2026 Heard Mr. S. Ahmed, learned counsel appearing for the accused-applicant. Page No.# 2/3 Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State respondent as well as Ms. MK Brown, learned Amicus Curiae appearing for the respondent no. 2. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre- arrest bail to the accused-applicant, namely, Tikendrajit Das @ Triken Das in connection with Palashbari P.S. Case No.267/2025 registered under Sections 329(4)/75(I)(ii) of the BNS, 2023 read with Section 8 of the POCSO Act, 2012. 3. The gist of the case as alleged in the F.I.R. dated 29.10.2025 is that the minor daughter of the informant, who is aged about 11 years, was sexually assaulted by the accused-applicant in his absence in his grocery shop by kissing and touching her private part. On receipt of the FIR, Palashbari P.S. Case No.267/2025 has been registered under the aforementioned sections against the accused – applicant. 4. Mr. Ahmed, learned counsel appearing for the accused-applicant submits that the accused-applicant has been implicated falsely in the instant case and the actual story is that the accused – applicant went to the shop run by the parents of the victim girl wherein local liquor was being sold and he objected to selling of the said liquor and out of vengeance, the informant has filed the instant FIR against the accused – applicant. In view of the aforesaid facts, he submits that he has been falsely implicated and therefore, he should be allowed to go on pre-arrest bail. He further submits that he will abide by whatsoever conditions that may be put by this Court. 5. Per contra, Mr.
Goswami, learned Additional Public Prosecutor appearing for the State submits that there are materials implicating the accused – applicant’s involvement in the alleged offence as narrated in the FIR. At this
Page No.# 3/3 stage, he opposes the prayer of pre-arrest bail of the accused – applicant. 6. Ms. Brown, learned Amicus Curiae appearing for the respondent no. 2 has also supported the submission made by the learned Additional Public Prosecutor and objected to granting of pre-arrest bail to the accused – applicant. 7. This Court has gone through the Case Diary which has been produced before this Court and heard the submissions made by the learned counsel appearing for the respective parties. After finding sufficient prima facie materials of his involvement in the alleged offence against the accused – applicant, this Court is not inclined to allow the accused – applicant to go on pre-arrest bail at this stage. 8. In view of the aforesaid finding, the instant AB application is rejected as deposed of. JUDGE Comparing Assistant