- Court
- High Court of Gauhati
- Decided
- 2 October 2024
- Bench
- Parthivjyoti Saikia
- Case no.
- Bail Appln. 3031/2024
Judgment
ORDER Date : 03.10.2024 Heard Mr. R. Sarma, learned counsel appearing for the petitioner. Also heard Mr.B. Sarma, learned Additional Public Prosecutor for the state of Assam. Page No.# 2/2
¶2This is an application under Section 483 of BNSS, 2023 praying for grant of regular bail to the petitioner, Sanjib Kalita, who was arrested on 10.09.2024 in connection with Rangia P. S. Case No. 244/2024.
¶3The petitioner was in a relationship for a long time with the informant girl. They had regular physical relationship. The petitioner allegedly promised to marry the informant girl. After that, he allegedly took an amount of Rs.1,30,000/- from the girl. Finally this year, on 28th August, he asked the girl not to talk to him in future.
¶4I have considered the submissions made by the learned counsels of both sides.
¶5It is a settled position of law that a simple promise to marry without anything more is not covered within the definition of misconception of fact.
¶6Under the given circumstances of the case, the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed.
¶7It is hereby directed that the petitioner, Sanjib Kalita, who was arrested in connection with Rangia P. S. Case No. 244/2024 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned SDJM(M), Rangia.
¶8The bail application stands disposed of accordingly. JUDGE Comparing Assistant
Case details
Parties and counsel
Page No.# 1/2 GAHC010206482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3031/2024 SANJIB KALITA S/O SRI GOBINDA KALITA, R/O VILL- SIMALUA, NABARI, RANGIYA, P.S.- RANGIYA, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. JUMI KALITA D/O RAJANI KALITA VILL- KETEKIBARI (BARAMBOI) P.S.-HAJO DIST- KAMRUP PIN-78110 Advocate for the Petitioner : MR. R SARMA, MR. J K ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.