Page No.# 1/3 GAHC010060712026 2026:GAU-AS:4289 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/325/2026 HITESH KAKATI S/O - DEBI RAM KAKATI RO VILLAGE DORAKAHARA, PO AND PS CHANGSARI, DIST - KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SRI NAMITA DEKA W/O - PRAFULLA DEKA RO VILLAGE PANITEMA PS KAMALPUR DISTRICT KAMRUP ASSA Advocate for the Petitioner : MS. N CHOUDHURY, MR. A K BHUYAN,MS. N CHOUDHURY,MR. A KHOUND,MR A TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25-03-2026 Page No.# 2/3 Heard Mr. A.K. Bhuyan, the learned counsel for the applicant. Also heard Mr. P. Borthakur, the learned Addl. PP appearing on behalf of State respondent. 2. This interlocutory application is filed for granting interim bail for 15 days to the convict applicant only to perform the last ritual of his father, who died on 19.03.2026. 3. Mr. Bhuyan further submitted that vide impugned order dated 09.07.2025 passed by learned Additional Sessions Judge (FTC), Rangia in Sessions Case No. 22/2019 sentenced the present applicant to undergo R.I. for 10 years and to pay fine of Rs. 5,000/- with default stipulation for convicted Section 376 IPC and another period of 1 year for the offence committed u/s 506 IPC. 4. Mr. Bhuyan further submitted that during the entire trial the present applicant appeared before the Court and he contested the case. However, since the date of judgment i.e. 09.07.2025, he is in custody and for which another interlocutory application has already been filed which is registered as I.A.(Crl.) 142/2026 for suspension of sentence and for releasing him on bail. But, on the special ground the present interlocutory application has to be filed only seeking bail for 15 days to perform the last rituals of his father. 5. Mr. Bhuyan further submitted that there is no any document submitted in support of the death of his father, but he died out of old age and the wife of the present/applicant has sworn the affidavit stating that the father of the applicant died on 19.03.2026. He further submitted that he being a permanent resident of his addressed locality, there is no chance of absconding and will surrender within 15 days before the jail authority after performing the last rituals of his father. Page No.# 3/3 6. Mr. Borthakur, the learned Addl. PP submitted that the present petition may be considered but, there is probability of absconding of the accused/applicant, if he is released on bail for 15 days and hence he submitted that there may be some strict conditions even if the applicant is granted bail considering his special ground. 7. Hearing the submissions made by learned counsel for both sides, considering all aspects of the case, without going into detail of the merit of the case, only on the humanitarian ground the present applicant is allowed to go on interim bail for 15 days on furnishing of bail bond for Rs. 50,000/- to the satisfaction of the Court of Additional Sessions Judge, Rangia with one surety of like amount and with a further direction to surrender before the Jail Superintendent on or before completion of the 15 days from the date of order, in default the bail application of the present applicant will automatically stands vacated. 8. The Jail Superintendent will also furnish the compliance order before this Court. 9. With the above observations, the I.A. stands disposed of. JUDGE Comparing Assistant