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2026 DAILYLAW 9868 (GAU)

SRI RAJU KARMAKAR v. THE STATE OF ASSAM AND ANR

Bail Appln./1625/2026 · 2026-07-21

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010122722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1625/2026 SRI RAJU KARMAKAR SON OF LATE BASUDEV KARMAKAR RESIDENT OF RAJABARI, TARUN NAGAR UNDER JORHAT POLICE STATION IN THE DISTRICT OF JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:SRI SADHU DAS SON OF LATE SUREN DASRESIDENT OF RAJABARI TARUN NAGAR UNDER JORHAT POLICE STATION IN THE DISTRICT OF JORHAT ASSA Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR D MEDHI(R2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 22.07.2026 Heard Mr. B.M. Choudhury, learned counsel appearing for the accused- applicant. Also heard Mr. K. Baishya, learned Addl. P.P., representing the State Page No.# 2/3 respondent. 3. This is an application filed under section 483 of BNSS 2023 praying for bail of the accused applicant in connection with Special Case No. 105/2025, arising out of Jorhat P.S. Case No. 568/2025, registered under sections 137(2)/65(1) of the BNS, read with Section 4 of POCSO Act, read with Section 9 of Prohibition of Child Marriage Act, pending in the court of Special Judge, Jorhat. 4. An FIR was lodged on 27.10.2025 by one Sadhu Das, the informant, alleging, inter alia, that his minor daughter of 15 years of age had been missing since the evening of 26.10.2025. It was alleged that later a person named Raju Karmakar informed him over the phone that he married the minor daughter of the informant and has kept her at a rented house in Garmur, Jorhat. It was alleged that despite already being a married man with a wife and daughter, the accused person lured away his daughter and married her and established physical relations with her. 5. In view of the aforesaid FIR, police registered Jorhat P.S. Case No. 568/2025, under the aforesaid sections. 6. The charge in the instant case has been framed on 28.10.2025 and out of the (10) PWs, three (3) PWs including the victim and the informant have already been examined. 7. The learned counsel appearing for the accused applicant submits that the accused applicant is behind the bars for about last 10 months and since the primary witnesses, the victim girl and the informant have already been examined, the accused applicant may be granted bail at this stage. 8. TCR in the instant case has been produced and prayer for bail of the accused applicant has been opposed by the learned Addl. P.P., appearing for the State. 9. This Court has perused the case diary and taking into account the fact that Page No.# 3/3 the case relates to a serious offence of rape and trial has already commenced and three witnesses have already been examined, is not inclined to grant any relief to the accused applicant at this stage. Accordingly, the bail application is rejected and disposed of. JUDGE Comparing Assistant