Page No.# 1/3 GAHC010068732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/733/2026 KAUSHIK SARKAR S/O LT KHITISH CHANDRA SARKAR, R/O VILL OUJARI GAON, PO BAGHARA, DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. B HUSSAIN,MR A ALAM,MR. A A MONDAL,MR R A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 23.04.2026 Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor appearing for the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for Page No.# 2/3 grant of pre-arrest bail to the accused-applicant in connection with Morigaon P.S. Case No. 289/2025, registered under Section 69/3(5) of the BNS, 2023. 3. An FIR was lodged on 22.12.2025 by the informant, alleging that she was in a romantic and physical relationship with the accused-applicant for one year or so, however, on 21.12.2025, at around 2.30 PM, on receipt of a phone from the accused-applicant, she went with him inside the vehicle and the accused-applicant tried to have forcible sexual intercourse with her. When she denied for the same, he tried to forcefully commit the offence. 4. After receipt of the FIR, the police registered Morigaon P.S. Case No. 289/2025, under the aforementioned sections. 5. A pre-arrest bail application, i.e., AB No. 475/2026 was earlier filed by the accused-applicant, which was rejected by this Court. 6. The learned counsel appearing for the accused-applicant submits that the accused-applicant has been issued with an appointment letter for the post of Graduate Teacher on 13th November, 2025 and accordingly, he has joined his service. He further submits that the accused-applicant was in a love relationship with the victim girl and due to certain differences, the relationship could not last and the same has already been broken up. He submits that since the accused- applicant denied the marriage proposal of the victim girl, the victim girl, with a motive of vengeance, has filed the instant FIR. The learned counsel submits that though there may have been physical relationship between the two that is purely consensual and not a forcible one. Therefore, he submits that the victim girl being an adult lady and the accused-applicant being involved in consensual relationship, there is no offence committed by the accused-applicant in the instant case. The learned counsel submits that the accused-applicant being a government employee, he would suffer irreparable loss and he may have to lose his job in the event of his Page No.# 3/3 arrest. Therefore, he prays that the accused-applicant should be granted the privilege of pre-arrest bail at this stage and in the event of granting such bail, the accused-applicant shall fully cooperate with the investigation. 7. Per contra, the learned Addl. P.P., opposes the bail application. 8. Case Diary in the instant case has already been submitted before this Court, which has been perused. 9. Taking into the entire facts of the matter and perusal of the Case Diary, this Court is of the considered opinion that the accused-applicant could be granted the privilege of pre-arrest bail at this stage. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with the aforementioned case, he shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: - i. The accused-applicant shall appear before the Investigating Officer within 10(ten) days of passing of the instant order. ii. The accused-applicant shall cooperate with the investigation and make himself available as and when required by the Investigating Officer. iii. The accused-applicant shall not try to influence any witness that may be connected with the instant case. 10. In terms of the aforesaid order, the instant anticipatory bail application is disposed of as allowed. 11. Case Diary to be sent back immediately. JUDGE Comparing Assistant