AB/2186/2026 of SRI SANTOSH SINGH Vs THE STATE OF ASSAM on 21 September 2026

ORDER

Date : 22.09.2026

Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

2. By this petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Santosh

Singh, has prayed for granting pre-arrest bail, apprehending arrest in connection with Moranhat P.S. Case No. 48/2025 u/s 69/89 of BNS, 2023.

3. The gist of the allegation is that the petitioner was in a relationship with the informant over several years, and during which, they have physical relationship leading to her pregnancy, which was later aborted at the behest of the petitioner. Subsequently, he and his father went to Bihar and whereupon stopped all communications with the informant, who now alleges therefore that he had cheated her with the false promise of marriage.

4. The case is stated to be charge sheeted whereupon, scanned TCR has been called for and received.

5. The learned Additional Public Prosecutor has drawn attention to the statement of the victim girl stated to be aged 34 years recorded under Section 183 of the BNSS.

6. I have perused the said statement; it lends support to the allegations alleged in the FIR.

7. The learned counsel for the petitioner submits that summons has been issued against the petitioner by the learned CJM, Charaideo in connection with PRC Case No. 74/2026. He has been charge sheeted under Section 69/89 BNS.

8. Section 69 is punishable with a maximum imprisonment of 10(ten) years, while section 89 is punishable up to imprisonment for life.

9. It is a settled principle that even in sessions triable cases, the learned Judicial Magistrate is empowered to grant bail and even in cases punishable with life or death, the power is not completely non-existent, but is constricted by the provisions of section 480(1) of BNSS (earlier 437(1) Cr.P.C.).

10. In this context, reference may be made to the decision of Sumsuddin vs. State of Assam, reported in 2014 SCC OnLine Gau 422 : (2014) 5 Gau LR 193 (para 3) and State of Assam, In re, reported in 2006 SCC OnLine Gau 104 : (2007) 2 Gau LR 182 2007 Cri LJ 927 (para 20, 27).

11. In a sessions triable case punishable with life imprisonment or death, where the learned Judicial Magistrate may be genuinely constricted in granting bail – even in such a situation, the petitioner is at liberty to approach the Sessions Court directly and seek regular bail under Section 483 BNSS. In this regard, reference may be made to the case of Pranab Rauth vs. State of Assam, reported in 2008 SCC OnLine Gau 226 : (2008) 5 Gau LR 382 (para12).

12. In view of the completion of investigation and the fact that the learned court below has summoned the petitioner, it would be in the interest of the trial, if any, to enable him to appear before the learned court.

13. In such view of the matter, it is directed that in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Moranhat P.S. Case No. 48/2025 u/s 69/89 of BNS, 2023, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount, one of which should be preferably from the State of Assam, to the satisfaction of the arresting authority and subject to the following conditions:

(i) he shall be available for the trial, if one commences;

(ii) he shall not hamper or tamper with evidence;

(iii) he shall not threaten or harass or harm the informant or victim.

14. Violation or breach of condition(s) shall entail cancellation of the bail.

15. The petitioner upon his appearance before the learned court below may submit fresh bail bonds, whereupon necessary orders shall be passed on the same.

16. The anticipatory bail application stands allowed and disposed of.

JUDGE Comparing Assistant