Page No.# 1/5 GAHC010090152026 2026:GAU-AS:7606 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1240/2026 DIPON JYOTI BORAH SON OF SRI RAMEN BORA RESIDENT OF VILL- KALITA GAON, BIHAGURI, SONITPUR, TEZPUR, P.O. BIHAGURI, P.S.PUTHIMARI, DIST. SONITPUR, ASSAM, PIN-784153 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M P BORAH, MR. S J SARMAH Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. ANJAN MONI KALITA -ORDER- 01.06.2026 Heard Mr. M.P. Borah, learned counsel appearing for the accused applicant. Also heard Mr. B. Sarma, learned Addl. PP for the Stae of Assam. Page No.# 2/5 2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the accused applicant in connection with Sessions Case No. 105/2026 registered under Section 417/376 (2) (n) of the Indian Penal Code corresponding to Tezpur P.S. Case No. 2467/2019. 3. An FIR was lodged on 27.07.2019 by the informant alleging inter alia that she was married to one Farnuj Ahmed and she introduced him to the accused applicant; that after some time, the informant and the accused applicant developed romantic relationship and thereafter, she eloped with him as he promised to marry her; that the accused applicant following in hindu customs and rituals by putting Vermillion on her forehead, allegedly married her and they started living together for 3 (three) days in a hotel; that on 24.07.2019, she was requested by the accused applicant to bring the divorce papers from the previous husband so that he can marry her; that, however, after her return from Jorhat, she tried to contact the accused applicant but she found that her number had been blocked by the accused applicant and whereabouts of the accused applicant could not be found by the informant; that the accused applicant had taken Rs.10,000/- from her which he used to pay for the hotel rent; that without having other option, she went back to her former husband but he refused to keep her. 4. On the basis of the FIR, lodged before the Lichubari Out Post vide GDE No.458, dated 27.07.2019, Jorhat P.S. Case No. 1908/2019 under Section 366 of the IPC was registered. However, the same was later on transferred to Tezpur Police Station in view of an order of a Competent Court of Jorhat and thereafter, Tezpur P.S. Case No.2467/2019 under the Page No.# 3/5 aforementioned sections have been registered against the accused applicant. 5. After compeletion of the investigation, the charge sheet in the instant case has been filed on 31.05.2023 and charges have also been framed on 08.04.2026 and the same is pending before the District and Sessions Judge, Sonitupr, Tezpur at the evidence stage. 6. It is seen that 3 (three) witnesses have already been examined out of 8 (eight) witnesses. 7. The learned counsel appearing for the accused applicant submits that the accused applicant is no way linked in the instant case and had not committed any rape. In fact, the informant eloped with him voluntarily and stayed with the accused applicant for some time. He submits that there is no false promise of marriage to the informant in the instant case. He submits that he was not aware of the filing of the FIR as well as pendency of case before the Sessions Court, Tezpur. He submits that in view of his non-appearance before the learned Trial Court, NBWA was issued and thereafter, he has been behind the bar for the last 80 days and he submits that in the event of his release on bail, he shall fully cooperate with the trial and there is no antecedents of any criminal activities of the accused applicant. 8. Mr. B. Sarma, learned Addl. PP, on the other hand, submits that the conduct of the accused applicant is not good and in spite of receipt of summons, he did not appear before the Trial Court and therefore, NBWA had to be issued against him. Therefore, taking into the account the Page No.# 4/5 conduct of the accused applicant, this Court should not grant bail, at this stage. 9. The Trial Court Record in the instant case has been produced before this Court and the same has been perused minutely by this Court. 10. This Court has also heard the submissions made by the counsel appearing for the respective parties. 11. Taking into account the facts of the accused applicant is behind the bars for the last 80 days and the trial has already commenced and also taking into account the materials available in the FIR, this Court is of the prima facie opinion that at this stage, the accused applicant should be granted bail. Accordingly, it is directed that the accused applicant, namely, Sri Dipon Jyoti Borah should be released on bail on furnishing a bail bond of Rs.50,000/- with a surety of like amount to the satisfaction of the learned District and Sessions Juge, Sonitpur, Tezpur subject to the following conditions:- (i) that the accused applicant shall appear before the learned Trial Court as and when required; (ii) that the accused applicant 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 to any police officer; and (iv) that the accused applicant shall submit his Aadhar and Pan Card before the learned District and Sessions Judge, Sonitpur, Tezpur. 12. In view of the aforesaid directions, the instant bail application stands disposed of. Page No.# 5/5 JUDGE Comparing Assistant