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GAHC010070382026

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

Case No. : AB/738/2026

JONASING TISSO S/O- SRI MONGOLSING TISSO R/O- KATHALGURI PS SAMAGURI, DIST- NAGAON, ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MS. PADMINI BARUA, MR N K KAKATI,MS. RUKMINI BARUA Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

Date : 06.04.2026

Heard Ms. R. Barua, learned counsel for the petitioner. Also heard Mr.

P. Borthakur, learned Additional Public Prosecutor for the State.

2. This is an application under Section 482 of BNSS, 2023 has been

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filed by the petitioner, namely, Jonasing Tisso, seeking pre-arrest bail in connection with Samaguri P.S. Case No. 36/2026 under Section

329(4)/64(1) of BNS, 2023.

3. The allegation in the FIR dated 01.02.2026 lodged by the informant/victim is that the petitioner is her neighbour and on 14.01.2026,

he entered her house while she was alone and committed rape upon her.

4. The learned counsel for the petitioner submits that the facts have been distorted by the informant inasmuch as the petitioner and the informant have been in a love relationship and with plans to marry. And on the day of the alleged incident, he celebrated the birthday of the victim. But subsequently, some dispute arose with regard to the time when their marriage was to be solemnized and that in the context of the same, the petitioner wanted to take some time to solemnize the marriage. It is submitted that the families of the petitioner and the informant are aware of their relationship. It is pointed out that the FIR was lodged after 18 days

and that he has been falsely implicated.

5. Call for the case diary from the concerned police station.

6. Though an allegation of sexual assault has been made, but there is delay of more than 15 days in lodging of the FIR. And by way of explanation, the informant has stated that she was mentally and physically traumatized after that incident. Now, the contentions regarding the veracity of their supposed relationship can only become clear after some

investigation materials are produced.

7. However, the petitioner can be given an opportunity to record his

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8. Therefore, in the interim, in the event of arrest of the accused- petitioner, named above, shall be released on interim bail in connection with Samaguri P.S. Case No. 36/2026 under Section 329(4)/64(1) of BNS, 2023, on furnishing bail bond of Rs.30,000/- with one suitable surety of

the like amount to the satisfaction of the arresting authority.

9. The direction for bail is further subject to the condition(s) that the petitioner:

(a) that he shall cooperate with the investigation and shall appear before the I/O for recording his statement; and

(b) shall not intimidate or harass the victim or family members of the victim.

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

11. List on 05.05.2026.

JUDGE

Comparing Assistant