Page No.# 1/3 GAHC010017722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./308/2026 SANKAR KUMAR S/O SRI PARESH KUMAR R/O VILL- BALISATRA,P.S. KAYA DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MS S ABDULLAH,MR. S HAQUE,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 10.03.2026 Heard Ms F Hussain, learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P. for the State. 2. This application has been filed under Section 483 of the BNSS, 2023, Page No.# 2/3 praying for granting of bail to the petitioner, namely, Sri Paresh Kumar, who has been arrested on 16.07.2025, in connection with Sessions Case No. 162/2025 under Section 366/ 376 (2) (n) of the Indian Penal Code (arising out of Dekiajuli P.S Case No. 44/ 2022) pending in the Court of the learned Sessions Judge, Sonitpur, Tezpur. 3. This is a subsequent bail application earlier bail petition was rejected on 16.12.2025 in BA No.3785/2025. 4. The case is at the stage of trial and at the time of adjudication of the earlier bail petition, only the informant had been examined and victim girl remains to be examined. 5. It is submitted by the learned counsel for the petitioner that prosecution has taken four dates for examination of the victim. 6. Ms. F Hussain, the learned counsel submits that the several months have elapsed since framing of charge but prosecution has not moved, including the testimony of the victim. 7. It is submitted that, as per instructions the victim’s side is deliberately delaying their testimony to continue under trial detention of the petitioner. Nevertheless the Court was called for from the learned Trial Court and the Trial Court has been pleased to submit a report vide report dated 02.03.2026 from which it is revealed that next date for evidence is on 28th of April, 2026 and in the meantime, BWA has been issued some of the witnesses of the victim side. The girl is stated to be aged 17 years and it is also indicated that in her statement before learned JMFC. In her statement the girl has stated above her love affair with the accused, but later came to know about he was married with children. Page No.# 3/3 8. The learned Addl. P.P. submits that the victim is not yet examined and there are materials against the petitioner. Nonetheless, considering that progress of the trial is taking some time, and also considering the length of detention (since 16.07.2025)– this Court is of the considered that subject to suitable conditions, the accused should be granted bail at this stage. 9. Accordingly in such view of the matter, this Court, thus, directs that the petitioner shall be released on bail on furnishing of bond of Rs.50, 000/- with one surety of the like amount to the satisfaction of the learned concerned Court below, subject to the following to the conditions; (i) The petitioner shall not abscond. (ii) The petitioner shall not in any manner intimidate, harass or harm the informant/victim or any witnesses (iii) The petitioner shall not hamper and tamper with the evidence of the case; (iv) The petitioner shall appear before the learned Trial Court during the remaining trial; (v) In case of violation of any bail conditions, his bail would be liable to be cancelled. 10. Accordingly, this bail application stands allow and disposed of . JUDGE Comparing Assistant