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2026 DAILYLAW 17260 (GAU)

SRI BHABESH KALITA v. THE STATE OF ASSAM

Bail Appln./3716/2025 · 2026-01-07

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010255442025 2026:GAU-AS:362 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3716/2025 SRI BHABESH KALITA S/O LT. KHAGENDRA NATH KALITA R/O FLAT NO. 302 C, VISTA GARDEN, BANPHOOL PATH, LAST GATE, GUWAHATI-781006 P.S.- DISPUR, DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR Z KAMAR, MR. N K KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 08.01.2026 Heard Mr. Z. Kamar, learned Senior Counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 paying for releasing on bail of the petitioner, namely, Bhabesh Kalita, who was arrested on 22.10.2025 in connection with Numaligarh Rural P.S. Case No. 98/2025, under Section 316(2)/318(4)/64/351(2) (corresponding to G.R Case No. 591/2025) of BNS, 2023. 3. It appears from the FIR that the petitioner who is an employee of NRL, Numaligarh was in a relationship with the informant and as per the allegations the petitioner has established physical relationship with the informant upon promise of marriage. In course of such relationship, they had also started living together at different places including NRL guest house and private hotels. 4. The petitioner was granted interim bail on 19.11.2025. In the meantime, the case diary as called for, has been received. 5. Mr. R.J. Baruah, learned Addl. P.P. submits that the statement of the alleged victim was recorded before learned JMFC, Golaghat, in which, she has stated about relationship with the accused petitioner and subsequently, coming to know that he was already married with a child. The learned Addl. P.P. submits that in her statement before the Magistrate, she has implicated the petitioner. 6. The statement of the alleged victim girl available in the case diary. Seen the progress of investigation, there are some implicating materials revealed by the investigation. Nevertheless, it appears that whole matter arose out of the supposedly illicit relationship between the informant and the accused. 7. In the entire facts and circumstances, it may not be necessary to cancel the interim bail. Accordingly, the interim bail dated 19.11.2025 is hereby made absolute, subject to the condition that, (i) He shall cooperate with the remaining investigation (ii) He shall not hamper Page No.# 3/3 or tamper with the evidence, (iii) He shall not in any manner intimidate harass or harm the informant/victim girl. 8. Violation of any bail condition will entail cancellation of the bail. 9. Accordingly, this instant anticipatory bail application stands allowed and disposed of. 10. Send back the case diary. JUDGE Comparing Assistant