Allowed

Shivam Laskar v. the State of Assam

Gauhati HC15 Sept 2026Bail Appln./2439/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed bail to the petitioner accused of rape under Section 64 and 87 BNS, 2023. Considering a relationship history, the victim statement indicating no consent only for the incident, and 42 days detention, the Court ordered bail subject to standard conditions including appearance before IO and non-interference with witnesses.

What did the court decide?

Enlargement of petitioner on bail by furnishing a bail bond of Rs. 20,000/- with one local surety to the satisfaction of CJM.

Shivam Laskar Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Page No.# 1/3

GAHC010180002026

undefined

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

¶5

Case No. : Bail Appln./2439/2026

¶6

SHIVAM LASKAR

¶7

S/O - LATE JAYANTA LASKAR, PRESENT ADDRESS VILLAGE BORAGAON MILANPATH, POST OFFICE, POLICE STATION GORCHUK DISTKAMRUP(M), ASSAM PERMANENT ADDRESS HALUWAGAON, P.S. DISTNAGAON, ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶10

Advocate for the Petitioner : MAYUR DAS, MISS S ZAMAN,MR. R RAHMAN

¶11

Advocate for the Respondent : PP, ASSAM,

¶12

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

¶13

ORDER

¶14

Date : 16.09.2026

¶15

Heard Mr. M. Das, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State.

¶16

By this application, the petitioner has prayed for bail in connection with Jalubkari P.S. Case No. 305/2026 registered under Section 64 and 87 of BNS,

¶17

Page No.# 2/3

¶18

The FIR in connection with which the petitioner was arrested on 05.08.2026 was lodged by the mother of the victim stating inter alia that her daughter, who was 19 years of age was lured by the petitioner from her college and was taken to the house of the petitioner and the petitioner had committed physical relationship with her.

¶19

The learned Counsel for the petitioner submits that the petitioner and the victim were in love relationship and that the mother of the victim had forced the victim to lodge the ejahar and on her denial, she lodged the ejahar against the petitioner

¶20

Mr. B. Sharma, learned Additional Public Prosecutor on perusal of the Case Diary submits that the petitioner had committed rape upon the victim. He had placed the statement of the victim recorded under Section 183 BNSS, wherein she stated that although she was having a relationship with the petitioner but on the day of occurrence, she was forced to have physical relationship with him without her consent.

¶21

Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the petitioner has been inside the jail for 42 days and the statement of the victim also shows that they were in relationship, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Kamrup(M), under the following conditions:

¶22

i) the petitioner will appear before the Investigating Officer as and when called for.

¶23

iii) the petitioner will not hamper, tamper with the evidence, neither

¶24

Page No.# 3/3

¶25

influence the witnesses connected with the case.

¶26

iv) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court.

¶27

6. Petition is disposed of.

¶28

JUDGE

¶29

Comparing Assistant

Shivam Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shivam Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases