Bikash Mallah v. The State of Assam

ORDER Date : 08-10-2024 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Addl. P.P. for the State of Assam.

¶2This is an application filed under Section 483 of the BNSS, 2023 praying for granting bail to the petitioner, Bikash Mallah, who was arrested on Page No.# 2/3

26.09.2024 in connection with Manikpur P.S. Case No. 131/2024, registered under Sections 81/64/351(2)/308(4) of the BNS, 2023 read with Section 66(E) of the I.T. Act.

¶3The case of the prosecution is that one Barnali Sutradhar on 25.09.2024 lodged an FIR alleging inter alia that the informant had love affair with the petitioner since 6 years and thereafter, the petitioner raped her with a promise to marriage and threatened. It is further alleged that the petitioner demanded an amount of Rs. 10/12 lakhs before marriage. Accordingly, the aforesaid case has been registered.

¶4Mr. Khan, learned counsel for the petitioner submits that it is amply evident from the contents of the FIR itself that the informant had maintained love affair for last 6 years and thereafter, made physical relation on various occasions which implies that she was a consenting party and that she is a major, aged 23 years.

¶5Per contra, Mr. Kaushik, learned Addl. P.P. submits that the allegation is serious.

¶6I have considered the arguments made by the learned counsel for both the contesting parties and have perused the materials available on record. It is evident from the allegations made in the FIR that the physical relation established by the accused with the informant is because of love affair that they were having since last 6 years.

¶7Considering the facts and circumstances of the case, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.15,000/- (Rupees Fifteen Page No.# 3/3 Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Bongaigaon.

¶8The bail granted to the petitioner shall be subject to the following conditions :

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled.

¶9With the above observation, this bail application stands allowed.

¶10This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010211972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3128/2024 BIKASH MALLAH S/O LATE KANAILAL MALLA, R/O VILL- NO. 2 JAMDAHA, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI