Page No.# 1/3 GAHC010006292026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./142/2026 ROHIT DEY SON OF SAJAL DEY RESIDENT OF LALGONESH, RAMKRISHNA PATH HOUSE NO. 89, POLICE STATION DISPUR, DISTRICT KAMRUP(M),ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 25.02.2026 Heard Mr. S. Munir, learned counsel for the accused/applicant. Also heard Mr. K. Baishya, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/applicant in connection with Bijni P.S. Case No.03/2026 registered under Sections 137(2)/140(4) of the BNS, 2023. 3. An FIR was lodged on 01.01.2026 by the informant stating that his 17- year-old daughter had left her residence on 01.01.2026 but did not return Page No.# 2/3 home. It was further alleged that her mobile phone was switched off. The family members made efforts to trace her whereabouts but were unsuccessful, and consequently, the aforesaid missing report was lodged before the police. Subsequently, on 07.01.2026, both the accused/applicant and the minor victim girl were recovered by the police. After recovery, the minor girl was produced before the learned SDJM, Bijni on 07.01.2026 in accordance with law. 4. The learned counsel for the accused/applicant submits that the police have already filed the charge-sheet in the instant case and the matter is presently at the stage of committal. It is further submitted that the accused/applicant is a 23-year-old young man who was in a relationship with the victim girl. The victim girl had allegedly accompanied the accused/applicant voluntarily and without any force, coercion, or inducement. He submits that no allegation of sexual assault has been substantiated against the accused/applicant. The accused/applicant has been in judicial custody for the last 56 days. It is contended that the trial is likely to take considerable time for its conclusion, and continued detention of the accused/applicant would serve no useful purpose. 5. On the other hand, Mr. K. Baishya, learned APP, submits that the victim girl as well as the informant are yet to be examined in the instant case. It is contended that if the accused/applicant is released on bail at this stage, there is a likelihood that he may attempt to influence or intimidate the victim girl and her family members. Therefore, the learned APP strongly opposes the prayer for bail at this stage of the proceeding. 6. This Court has perused the case records received from the learned SDJM, Bijni and has also heard the submissions advanced by the learned counsel for the parties. Taking into consideration the nature of allegations made in the FIR, the stage of the proceeding, and the fact that the trial has not yet commenced, Page No.# 3/3 this Court is of the considered opinion that further custodial detention of the accused/applicant is not warranted at this stage. The accused/applicant has already spent 56 days in judicial custody. 7. Accordingly, considering the period of detention already undergone and the facts and circumstances of the case, the accused/applicant is allowed to be released on bail, subject to furnishing a suitable bail bond with surety to the satisfaction of the learned trial court. Accordingly, the accused/applicant is ordered to be released on bail on furnishing a bail bond of Rs. 30,000/- with one local surety of like amount to the satisfaction of the learned SDJM, Bijni, subject to the following conditions: (i) That the accused/applicant shall appear before the learned trial Court as and when required. (ii) That the accused/applicant shall not tamper with the evidence or influence any witness connected with the case in any manner whatsoever. (iii) That the accused/applicant shall not contact, directly or indirectly, the victim girl or her family members until completion of the trial. 8. In terms of the aforesaid directions, the instant bail application stands disposed of. JUDGE Comparing Assistant