Page No.# 1/3 GAHC010084362026 2026:GAU-AS:6381 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1168/2026 PRAKASH SAHANI S/O LATE RAMADHAR SAHANI R/O H. NO. 01/B/L-02, NAYANPUR, DISPUR P.S., DIST. KAMRUP (M), ASSAM- 781006. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR. FIRUZ KHAN, Q. KIBA,K. SUMI,MS D BARUAH,MR. ABHIJIT MENA,PINKU DAS,MR U CHAUDHURY,P. NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-05-2026 Heard Mr. F Khan, learned counsel for the petitioner. Also heard Mr. DP Goswami, learned Additional Public Prosecutor appearing for 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 in connection with Dispur P.S. Case No. 214/2026 u/s 75(1)(ii)/75(i)(iv)/79 of BNS, 2023. 3. It is submitted by the learned counsel for the petitioner that some fake and concocted allegations have been brought against the petitioner and that in the broad day light, in his opinion, one cannot ask for such favour as alleged in the FIR by the victim. He submits that all the sections under which the case has been registered is at best punishable for 3 (three) years, but at the time of his arrest, no notice was also provided to him. He also submitted that the petitioner has been behind the bars for the last 26 (twenty six) days and hence considering the length of detention, he may be released on bail. 4. Mr. Goswami, the learned Additional Public Prosecutor submitted that as the allegation is of sexual favour, the case diary will reveal the actual facts of the case and therefore, the case diary may be called for the same. 5. Hearing the submissions made by both the sides and considering all aspects of the case and also the fact that the petitioner is behind the bars since the last 26 (twenty six) days, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, Prakash Sahani 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, threat or promise to any person acquainted with the facts of the case so as to dissuade 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 CJM, Kamrup (M) without prior permission. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant