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2026 DAILYLAW 5772 (GAU)

SUBIR SARKAR v. THE STATE OF ASSAM

AB/999/2026 · 2026-05-14

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010094492026 2026:GAU-AS:6716 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/999/2026 SUBIR SARKAR S/O- SRI SHYAMOL SARKAR R/O- SANTIPARA, WARD NO-14 P.O LAKHIMPUR, P.S- NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM PIN-787032 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT. OF ASSAM Advocate for the Petitioner : MR. K R PATGIRI, MS K BARMAN,MS CHITRALEKHA DAS,MR. B GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 1. Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of anticipatory bail to the petitioner Subir Sarkar in respect of North Lakhimpur P.S. Case No.116/2026, under Section 420/406/506/354A/323 of the IPC read with Section 66c/67 of the IT Act, 2006. Page No.# 2/2 3. The petitioner was maintaining a relationship with a girl for the last 8 years. He promised to marry her and had sexual relationship on multiple occasions. At one time, she even became pregnant and her pregnancy had to be medically terminated. She has stated that the petitioner had taken away her gold ornaments an amount of Rs.4,00,000/- from her. He even physically assaulted her. He used to call her at midnight and he also created disturbances in her family. 4. The petitioner threatened the girl that he will upload her private photographs in social media. 5. I have considered the submissions made by the learned counsel for both sides. 6. The story projected in the FIR depicts a strange relationship between the girl and the boy but, this Court is of the opinion that for these so-called offences, the petitioner does not deserve to be detained in custody. Therefore, his prayer is allowed. 7. It is hereby directed that in the event of arrest in connection with North Lakhimpur P.S. Case No.116/2026, the petitioner, Subir Sarkar shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority. 8. With the aforesaid direction, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant