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2026 DAILYLAW 4072 (GAU)

SRI JOON SAIKIA v. THE STATE OF ASSAM

Bail Appln./893/2026 · 2026-03-26

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010063862026 2026:GAU-AS:4401 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./893/2026 SRI JOON SAIKIA S/O- SRI HIREN SAIKIA RESIDENT OF TAKOWBARI P.S- HALEM, DIST- BISWANATH, ASSAM, PIN-784170. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-03-2026 Heard Mr. L. Gogoi, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 13.03.2026 in connection with Halem P.S. Case No. 17/2026 u/s 64 of BNS, 2023. 3. It is submitted by Mr. Gogoi, the learned counsel for the petitioner that the present accused/petitioner is innocent. Rather, it is the informant who gave a love proposal to him and in that context she wrote WhatsApp Message and even tried to commit suicide when he avoided her. In support of his submission he annexed some WhatsApp message and photographs. He further submitted that the accused is in custody since last 15 days and hence further custodial interrogation is not necessary for the purpose of investigation. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted that there is a clear allegation of rape and, date and time is also mentioned in the FIR. He insisted to call for the Case Diary. 5. Considering the submissions made by learned counsel for both sides, the annexures filed along with the petition and also considering the length of detention already undergone by the accused/petitioner, this Court is of the opinion that further custodial interrogation may not be required for the purpose of investigation. In view of this, I find it a fit case to enlarge the petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned SDJM, Gohpur. The accused/petitioner, namely Joon Saikia, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; Page No.# 3/3 (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned SDJM, Gohpur without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant