Page No.# 1/2 GAHC010078862026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1072/2026 PRAMOD KUMAR AGARWALLA ALIAS PROMOD AGARWAL ALIAS PROMOD KUMAR AGARWALLA S/O LT. SURAJMAL AGARWALLA, R/O WARD NO 4, OPPOSITE D C OFFICE OLD, P.O. DHEMAJI, P.S AND DIST. DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. B K GOGOI, MR B DEORI,MR. R B GOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 12 .05. 2026 Heard Mr. B.K. Gogoi, learned counsel for the petitioner and Mr. B. Sarmah, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer for bail as the petitioner Pramod Kumar Agarwalla @ Promod Agarwal @ Promod Kumar Agarwalla is behind the bars since 16.04.2026 in connection Dhemaji P.S. Case No. 65/2026 under Sections, 329(1)/ 64(1)/ 62 of BNS, 2023. 3. It is submitted by Mr. Gogoi, the learned counsel for the petitioner that the petitioner is innocent and he has not committed any such offences as alleged in the FIR. However, it the fact that the petitioner has visited the house of the informant and after having taking a glass Page No.# 2/2 of water, he has left the house of the victim by kissing on her forehead. That apart, there is nothing happened as alleged in the FIR. 4. Two FIRs have been lodged in the same set of allegation. However, the second FIR is considered to be the statement of the victim recorded under Section 162 Cr.P.C. 5. Mr. Sarma, learned Addl. Public Prosecutor on perusal of the case diary has submitted that there are incriminating materials against the petitioner more specifically the statement of the victim recorded under Section 180 and 183 of the BNSS, 2023. 6. Considering the submissions made by the learned counsel for the parties, I have perused the case diary and the statement of the victim and it is seen that there are incriminating materials against the petitioner as alleged by the victim. However, considering the length of detention, this court is of the opinion that further custodial detention may not be necessary and it is a fit case to extend the privilege of bail to the accused/ petitioner. 7. Accordingly the accused/ petitioner be released bail on furnishing a bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the Chief Judicial Magistrate, Dhemaji, subject to the following conditions that:- (i) the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/ her from disclosing such facts to the Court or any other police officer, and (iii)the petitioner shall not leave the jurisdiction of the leaned CJM, Dhemaji without prior permission. 8. The bail application is disposed of. 9. Return the case diary. JUDGE Comparing Assistant