Disposed¶23

Hitesh Sarkar v. the State of Assam

Gauhati HC16 Mar 2026AB/1396/2025

Case brief

AI extract

What is this about?

AB/1396/2025 (registry no. GAHC010134622025), Hitesh Sarkar v. State of Assam, Gauhati High Court, order dated 17-03-2026 by Mitali Thakuria, J. — interim pre-arrest bail protection extended for 15 days with direction to seek regular bail before the Trial Court; charge-sheet filed 06.08.2025; victim's statement u/s 183 BNSS missing from TCR; no precedent cited.

What did the court decide?

Earlier interim protection extended for 15 (fifteen) days from the date of order; petitioner directed to appear before the learned Trial Court below with an appropriate application for bail, to be considered in accordance with law. ¶23

Hitesh Sarkar Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010134622025

2026:GAU-AS:3860

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : AB/1396/2025

¶6

HITESH SARKAR S/O- MANORANJAN SARKAR. R/O-VILL.- PUB KANDULIMARI, P.O.-JUGIJAN, P.S. AND DIST.- HOJAI, ASSAM.

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

¶9

Advocate for the Petitioner : MR B CHANDA, S. CHAKRABORTY

¶10

Advocate for the Respondent : PP, ASSAM,

¶11

BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

¶12

ORDER

¶13

Date : 17-03-2026

¶14

Heard Mr. B. Chanda, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent.

¶15

2. Scanned copy of the TCR has been received. But, it is submitted by Mr.

¶16

Page No.# 2/3

¶17

Sharma that the statement of the victim recorded u/s 183 BNSS is not available in the case record.

¶18

3. It is submitted by Mr. Chanda that during the pendency of this case, before filing of the charge-sheet, considering the nature of allegation and other aspects of the case, he was granted with interim pre-arrest bail vide its order dated 20.06.2025. But, thereafter also the I/O could not produce the Case Diary on several occasions and for which a personal show cause notice was also furnished to the I/O. But, subsequently charge-sheet has been filed in this case on 06.08.2025. His interim bail is extended by this Court and prior to the filing of the charge-sheet, as per order of this Court, the accused/petitioner had already appeared before the I/O, cooperated in the investigation and his statement is also recorded accordingly. He further submitted that he is now ready and willing to appear before the learned Trial Court below and to contest the case accordingly, if he is provided with some interim protection.

¶19

4. Mr. Sharma, the learned Addl. PP submitted in this regard that his interim pre-arrest bail was considered earlier but before perusal of the Case Diary, case was already charge-sheeted as intimated by the I/O. However, he submitted that the petitioner may be directed to appear before the learned Trial Court below with a regular bail application, which may be considered in accordance with law.

¶20

5. Considering the submissions made by learned counsel for both sides, it is seen that his earlier interim pre-arrest bail was considered by this Court and accordingly he also appeared before the I/O, cooperated in the investigation of this case. The statement of the accused is also available in the Case Diary. Thus, it is seen that during investigation, the accused/petitioner was cooperating in the investigation and considering these aspects, his interim prayer was also

¶21

Page No.# 3/3

¶22

extended by this Court.

¶23

6. Accordingly, the petitioner is hereby directed to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. However, till 15 (fifteen) days from the date of order, his earlier interim protection may be extended so that he can appear and pray for his regular bail.

¶24

JUDGE

¶25

Comparing Assistant

Hitesh Sarkar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hitesh Sarkar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Adil Hoque Vs the State of Assam

Bilaluddin and Anr. Vs the State of Assam

Mobat Ali Alias Mobot Ali Alal Vs the State of Assam

Anup Baruah and 4 Ors. Vs the State of Assam

Pankaj Das Vs the State of Assam

Mizanur Rahman @ Mizanur Ali Vs Thde State of Assam