Page No.# 1/5 GAHC010010432026 2026:GAU-AS:862 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/126/2026 LALIT KUMAR SON OF LATE RAKESH KUMAR PRESENTLY RESIDING AT MILITARY HOSPITAL AGRA, CAMPUS, PIN- 900322, C/O 56APO, PERMANENT RESIDENT OF VILL- NAGLARAMBAL,P.O. LUTSAN, P.S. SARNI, DIST. HATHRAS, UTTAR PRADESH, PIN-202139. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.01.2026 Heard Mr. M J Quadir, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/5 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, Lalit Kumar, seeking bail in connection with PRC Case No. 725/2023 under Section 376 of the IPC arising out of Jorhat P.S Case No. 569/2022 under Section 376 of the IPC, pending in the Court of the learned Sub-Divisional Magistrate(S), Jorhat. 3. That the opposite party No. 2 had lodged an FIR at Jorhat Police Station on 12.06.2022, alleging inter alia that on 08.09.2021 at about 11:30 PM the petitioner forcefully entered into her quarter in drunken condition and without her consent he forcefully established physical relation with her. On that night, while the petitioner was coming to her residence her neighbour, wife of HMT Mahindra Singh & wife of CFN A. K. Singh saw the petitioner. That after the said incident informant was frightened because the petitioner had threatened that if she disclosed to anybody, he will kill her but after getting courage she told her husband when her husband returned from duty. Thereafter, she went to her maternal house due to mental illness and after recovery she returned and filed the instant FIR. The case was registered as Jorhat P.S. Case No 569/2022 U/s. 376 of IPC. After investigation Police submitted charge-sheet on 20.08.2023 U/s. 376 of IPC, against the petitioner and declared him as absconder. 4. It is submitted that during the course of investigation, although the Page No.# 3/5 petitioner was very much present at his place of posting at Jorhat, the police did not issue any notice to him. It is further stated that in the meantime petitioner was transferred from Jorhat to Military Hospital, Agra in the month of February, 2023. The learned Sub-Divisional Magistrate(S), Jorhat, took cognizance against the petitioner vide order dated 03.10.2023 and issued summons fixing the case for appearance on 08.11.2023. But the petitioner did not receive the summons for which a fresh summons was issued fixing the case on 06.01.2024 for appearance of the petitioner. However, petitioner did not receive summons for which case was fixed on 15.03.2024 for appearance. However, on 15.03.2024 summons returned unserved for which fresh summons was issued fixing on 29.05.2024 for appearance but the same was returned unserved, for which fresh summons was issued fixing on 15.06.2024 for appearance & report. Petitioner did not receive summons and case was fixed for appearance on 12.07.2024. Subsequently summons was issued on 21.08.2024, 03.09.2024, 14.10.2024, 03.12.2024, 04.02.2025, 13.03.2025 and 06.05.2025 but the petitioner did not receive the summons as he was posted at Agra. The petitioner received summons in the month of June 2025 but he could not appear on 25.07.2025 due to illness. On 25.07.2025 the counsel on behalf of the 484 petitioner appeared and the case was fixed on 01.09.2025 for appearance. However, on 01.09.2025 the petitioner could not appear as he could not obtain Page No.# 4/5 leave from his office and his counsel appeared on his behalf. The case was then fixed on 13.11.2025. 5. It is further submitted that the petitioner had approached this Court with Criminal Petition No. 1375/2025 on 04.11.2025 for setting aside & quashing (i)the impugned order dated 03.10.2023 passed by the learned SDJM(S), Jorhat whereby the cognizance was taken against the petitioner (ii)Impugned charge- sheet dated 20.08.2023 filed against the petitioner and (iii)FIR dated 12.06.2022. This Court after hearing the parties was pleased to reserve the order and thereafter dismissed the petition vide order dated 12.11.2025 on the ground of "premature to accept the plea of alibi taken by the petitioner without testing its veracity, which can only be done in the trial.” The counsel of the petitioner had accordingly filed application before the trial court on 13.11.2025 and the case has been fixed on 30.01.2026. 6. It is further submitted that the instant FIR has been lodged about 9 months after the alleged incident due to previous grudge between the husband of the victim and the petitioner. It is further submitted that the petitioner is ready to face the trial and that there was no fault on his part for non- appearance, as he neither received any notice from the police nor from the Court and after receipt of notice, he was prevented by valid reasons from Page No.# 5/5 appearing, as indicated above. 7. The learned Additional Public Prosecutor strongly objects to the prayer made by the learned counsel for the petitioner. 8. Considering the above, it is directed that the petitioner shall appear before the learned Trial Court on the next date fixed and in the event of his arrest, he shall be released on bail of Rs. 50,000/- (Fifty Thousand) only, with one surety to the satisfaction of the arresting authority. It is further directed that the petitioner shall fully cooperate with the trial by regularly appearing before the trial court and shall not try to influence the witnesses in any manner. 9. The petition stands disposed of accordingly. JUDGE Comparing Assistant