Page No.# 1/3 GAHC010104122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1370/2026 VINOD KUMAR S/O--LATE SUDARSHAN PRASAD PRESENT RESIDENT OF- SOLMARA CAMP, TEZPUR DIST.- SONITPUR ASSAM PERMANENT RESIDENT OF- VILL- DERGAWN PS-DHINA, DIST.- CHANDALI UTTAR PRADESH VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR OF ASSAM. Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16 .06. 2026 Heard Mr. S.K. Poddar, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This bail application has been filed by the petitioner namely, Vinod Kumar under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Rangia G.R.P.S. Case No. 19/2026 under Sections 64(1)/ 75(1) of BNS, 2023. Page No.# 2/3 3. The allegation as reflected in the FIR is that the petitioner who is an army man committed rape upon a passenger on a running train on 26.04.2026. He was apprehended and deboarded at Barpeta Road Railway Station and the FIR in this regard was also lodged on the same date and the petitioner was taken into custody and since then he has spent 48 days behind the bars. 4. The petitioner alleges violation of his constitutional rights under Article 22 of the Constitution of India as well as his statutory rights under Sections 47 and 48 of the BNSS. 5. A perusal of the notice under Sections 47 as well as 48 of the BNSS reveals that no grounds of arrest have been mentioned. Further that there is no signature of any family members or local residents on the arrest memo as required under Section 35 of the BNSS. 6. Further, there is no material to show that the notice under Section 48 BNSS was actually served on any friend/ family member/ nominated person of the arrestee. The same is the case with the WT message that was sent to the jurisdictional police station, which incidentally also does not contain any ground of arrest. 7. From the above, it is evident that the arrest stands vitiated on account of violation of the statutory provision under Sections 38, 47, 48 of the BNSS as well as Article 22 of the Constitution of India, thereby entitling the petitioner to be released on bail. 8. Accordingly, the prayer for bail is allowed. It is directed that the petitioner above named be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of the like amount to the satisfaction of the learned CJM, Barpeta, Assam. Page No.# 3/3 9. It is further provided that the petitioner shall cooperate with the trial of the case and he shall not try to intimidate or influence any witnesses acquainted with the facts of this case, in any manner. 10. In terms of the above, this bail application stands disposed of. 11. Send back the case diary. JUDGE Comparing Assistant