Page No.# 1/3 GAHC010085112026 2026:GAU-AS:6591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1139/2026 KHALED MD SAHA ALOM LASKAR ALIAS MD KHALED SAHA ALOM LASHKAR SON OF MOIN UDDIN LASKAR RESIDENT OF VILLAGE ALGAPUR PT.IV, P.O.-ALGAPUR PT.II, P.S. ALGAPUR, DISTRICT- HAILAKANDI, ASSAM, PIN- 788150. PRESENTLY LODGED AT THE DISTRICT JAIL, DIPHU, KARBIANGLONG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR F A LASKAR, MR A MALEK,MR. N H BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13.05.2026 Heard Mr. N.H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the BNSS, in connection with Page No.# 2/3 Diphu P.S. Case No. 15/2026, under Sections 69/324(2)/351(3) of the BNS, corresponding to G.R. Case No. 41/2026, pending before the Court of learned Sessions Judge, Karbi Anglong. 3. Scanned copy of the TCR along with the case diary received. Perused the same. 4. It is submitted by Mr. Barbhuiya, learned counsel for the petitioner that the present accused-petitioner is innocent and has not committed any such offence as alleged in the FIR, and that the sections under which the case has been registered, are bailable in nature, except Section 69 of the BNS. It is a fact that there was a love relationship between the victim and the accused-petitioner, but there was no promise of marriage as alleged by the victim and as such, there is no ingredient to that fact to allege an offence under Section 69 of the BNS. He has also submitted that the accused-petitioner was arrested in connection with this case on 16.03.2026 and charge-sheet has been laid on 31.03.2026, after completion of the investigation. Thus, at this stage, there cannot be any probability of hampering or tampering with the evidence of the prosecution, rather the accused-petitioner will appear before the learned trial Court on each and every date to be fixed by the Court and will face trial. He has further submitted that the accused is also a student of Degree 2nd year and if he remains further period in jail hazot, his educational career will be spoiled. 5. Mr. Goswami, learned Additional Public Prosecutor has submitted in this regard that there is sufficient incriminating materials against the present accused-petitioner and the medical report also supports the case of the prosecution. He has also submitted that from the orders passed by the learned Sessions Judge, Karbi Anglong as well as from the statement made by the Page No.# 3/3 victim under Section 183 of the BNSS, it reveals that the accused-petitioner not only had physical relationship with the victim on the pretext of false promise of marriage, but he also recorded some nude photographs and obscene videos of the victim along with him and also threatened to circulate the same amongst her family members. Accordingly, it is submitted by Mr. Goswami that probability of tampering with the evidence of P.W.s, especially the victim cannot be denied at this stage, and as such, he has submitted that the prayer of bail by the petitioner may not be considered at this stage. 6. Hearing the submissions of learned counsel of both sides, I have also perused the scanned copy of the TCR and the case diary. 7. It reveals that the accused-petitioner and the victim had love relationship and on false promise of marriage, he had sexual intercourse with her and that apart, there are other incriminating materials against the present accused- petitioner. 8. Thus, the submission made by Mr. Goswami, learned Additional Public Prosecutor in regard to tampering with the evidence P.W.s, especially the victim cannot out rightly be rejected at this stage. In view of this, the learned Sessions Judge, Karbi Anglong is hereby asked to record the statement of the victim/informant within a reasonable period and prayer of bail may be considered only after recording of evidence of the victim/informant. 9. With the above observation, the present BA stands dismissed. JUDGE Comparing Assistant