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2026 DAILYLAW 3244 (GAU)

JITU DAS v. THE STATE OF ASSAM

Bail Appln./98/2026 · 2026-02-17

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010005852026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./98/2026 JITU DAS SON OF HAREN DAS RESIDENT OF VILL- GARUGHUTU, P.S. TAMULPUR, DIST. TAMULPUR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.02.2026 Heard Mr. B.K. Mahajan, learned counsel for the accused/ applicant. Also heard Mr. R.G. Baruah, learned APP for the State. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of regular bail to the Page No.# 2/3 accused/applicant, namely, Jitu Das, in connection with Tamulpur P.S. Case No. 1/2026, registered under Sections 64(2)(h) and 64(2)(k) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. That an FIR was lodged on 02.01.2026 by the informant, alleging that the accused/applicant, namely Jitu Das, had repeatedly taken his 20-year-old mentally disabled daughter to a neighbouring house and engaged in physical relations with her over a period of time. It is further alleged that another boy also had physical relations with the informant’s daughter, as a result of which she is now reportedly seven months pregnant. On the basis of the FIR, Tamulpur P.S. Case No. 1/2026 was registered under Sections 64(2)(h) and 64(2)(k) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Mr. B.K. Mahajan, learned counsel for the accused/applicant, submits that the charge-sheet in the instant case has already been filed and that there is an inordinate delay of about one year in lodging the FIR. He further submits that the accused/applicant has cooperated fully with the investigation and undertakes to cooperate with the trial by appearing before the learned trial court as and when required. On these grounds, learned counsel prays that the accused/applicant be granted regular bail in the interest of justice. 5. Mr. R.G. Baruah, learned APP, on the other hand, submits that since the charge-sheet has already been filed, this Court, without going through the contents of the charge-sheet, should not consider the prayer for bail of the accused/applicant at this stage. 6. Upon perusal of the materials available on record and after hearing the learned counsel for the respective parties, and considering the entire facts of the case, including the fact that the alleged incident occurred about one year Page No.# 3/3 ago and that the charge-sheet has already been filed, this Court is of the opinion that the accused/applicant should be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baksa, Musalpur, subject to the following conditions: (i) The accused/applicant shall appear before the learned trial court as and when required. (ii)The accused/applicant shall have no contact whatsoever with the victim girl or her family members during the pendency of the trial. (iii) The accused/applicant shall not, directly or indirectly, attempt to influence, intimidate, or tamper with any witness or evidence in any manner whatsoever. 7. In view of the above, the instant bail application is disposed of. JUDGE Comparing Assistant