Rupam Das @ Rupa vs The State Of Assam And Anr
2025 Latest Caselaw 7291 Gua

Gauhati High Court

Rupam Das @ Rupa vs The State Of Assam And Anr on 15 September, 2025

                                                                           Page No.# 1/3

GAHC010283202023




                                                                   undefined

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

                               Case No. : I.A.(Crl.)/1246/2023

           RUPAM DAS @ RUPA
           S/O LATE RANJIT DAS, VILL.- SONAI ROAD, P.S.- SILCHAR, DIST.-
           CACHAR, ASSAM.



           VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY P.P., ASSAM.

           2:RAKHI RANI DAS
           W/O SRI KRISHNA MANGAL DAS

           R/O ITKHOLA
           RAMAKRISHNA PALLY
           P.O. AND P.S.- SILCHAR
           DIST.- CACHAR
           ASSAM

Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS A DAS,MR. F A
HASSAN,MS. U NANDA,MS A BORAH

Advocate for the Respondent : PP, ASSAM,

            Linked Case : Crl.A./471/2023

           RUPAM DAS @ RUPA
           S/O LATE RANJIT DAS

           VILL.- SONAI ROAD
           P.S.- SILCHAR
           DIST.- CACHAR
           ASSAM.
                                                                       Page No.# 2/3



           VERSUS

          THE STATE OF ASSAM AND ANR.
          REP. BY P.P.
          ASSAM.

          2:RAKHI RANI DAS
          W/O SRI KRISHNA MANGAL DAS

          R/O ITKHOLA
          RAMAKRISHNA PALLY
          P.O. AND P.S.- SILCHAR
          DIST.- CACHAR
          ASSAM.
          ------------
          Advocate for : MR. S C BISWAS
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                               BEFORE
             HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                    ORDER

Date : 15.09. 2025 Heard Mr. S.C. Biswas, learned counsel for the applicant and Ms. SH Bora, learned Addl. Public Prosecutor, Assam for the State respondent.

This I.A. has been preferred by the applicant Sri Rupam Das @ Rupu seeking bail for the accused, who has been convicted under Section 376 IPC by the leaned trial Court. It is submitted on behalf of the applicant that it is completely a false case which was logged against the applicant and during the course of the trial, in order to make out a case under POSCO Act., a fake certificate in respect of the victim was submitted by the informant side in order to mislead the court. Moreover, the FIR was lodged more than 10 days after the alleged occurrence and the statement of the father of the victim is also contrary Page No.# 3/3

to what has been stated by the victim.

I have heard the learned Addl. PP and also perused the materials on record including the judgment.

The learned Addl. PP has opposed grant of bail to the accused.

Having regard to the above as well as the fact that the accused has been detained in custody for last 22 months, the I.A. is allowed.

The applicant be released on bail on furnishing a bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, POCSO, Cachar, Silchar.

The reminder of the sentence shall remain suspended pending disposal of this Criminal Appeal.

I.A. stands disposed of.

JUDGE

Comparing Assistant