Page No.# 1/3 GAHC010132482026 2026:GAU-AS:9367 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1766/2026 HEMEN KALITA ALIAS BOGA SON OF LATE PRABHAT KALITA RESIDENT OF, VILLAGE- KALITAPARA, SUALKUCHI POST OFFICE SUALKUCHI POLICE STATION SUALKUCHI DISTRICT KAMRUP R, ASSAM PIN-781103 PHONE NO.- 98644-16559 EMAIL- NIL VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M KALITA, MR. D K HALOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26-06-2026 Heard Mr. M Kalita, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 26.05.2026 in connection with Sualkuchi P.S. Case No. 27/2026 u/s 85/76 of the Bharatiya Nyay Sanhita, 2023. 3. It is submitted by Mr. Kalita that the present accused/petitioner is innocent and has not committed any such offence as alleged in the FIR. However, it is a fact that there is some dispute between husband and wife and she wanted to live separately from his family members and that apart there is no such incident as alleged in the FIR. However, the petitioner is in custody since last 41 days and hence considering the period of detention, he may be enlarged on bail. He being the permanent resident of the addressed locality will extend his cooperation, if it is required. 4. Mr. Baruah, the learned Additional Public Prosecutor raised objection and submitted that Case Diary may reveal the actual fact of the case as the allegation of rape is also brought against the present petitioner. 5. Considering the submissions made by learned counsel for both sides, all other aspects of the case and the length of detention already undergone by the petitioner, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation. Hence, the petitioner is provided with the privilege of bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (R). The accused/petitioner, namely, Hemen Kalita @ Boga, 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, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/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 (R) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant