On an application for bail in a case involving grave assault and electronic information crimes under BNS, 2023, the Gauhati High Court, noting no specific action threatening the victim's modesty, conditionedally enlarged the petitioner on bail.
Bail granted on furnishing bail bond of Rs. 20,000/- with one local surety of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010202032026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2762/2026
SHRI DEEP DEKA
SON OF KAMAKHYA DEKA, RESIDENT OF KALI MANDIR, HENGRABARI, P.O. HENGRABARI, P.S. DISPUR, DISTRICT KAMRUPM, ASSAM, PIN 781036
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE . ASSAM.
Advocate for the Petitioner : MR. S N TAMULI, MS P DEKA,MS. A BEGUM
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 16.09.2026
Heard Mr. SN Tamuli, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State.
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connection with which the petitioner was arrested and was put behind the bars was lodged on 25.08.2026 by the victim stating inter alia that while she returns from her University to her home, the petitioner had followed her for last 20 days and that on the day of lodging of the ejahar at around 05:00 pm on her route towards her home, the petitioner had again followed her and tried to touch her. She further stated that she rushed to her house and told her parents and when her parents came out and confronted the petitioner for his actions, the petitioner initially denied and then abused them verbally and tried to attack them.
i) the petitioner will appear before the Investigating Officer within a period
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of 10 days from the date of the order.
ii) the petitioner will appear before the Investigating Officer thereafter as and when called for.
iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.
iv) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court.
6. Petition is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the applicant in connection with sections 74, 75, 78 and 351(3) of BNS, 2023 considering allegations of following and attempting to touch the victim.
Whether the rejection of bail by the trial court on suspicion of absconding was sustainable given the lack of specific action likely to outrage the victim's modesty.
1 provisions across 1 enactments
Shri Deep Deka
The State of Assam
Shamima Jahan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
