Page No.# 1/3 GAHC010095482025 2025:GAU-AS:5682 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1450/2025 JINKU BORAH S/O SRI JUGANANDA BORAH R/O PHOTIKACHUWA NATUN NAGAR, P.S. MORAN, DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B HALDAR, MR B KARDONG,MS S. BASAK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08-05-2025 Heard Mr. B. Haldar, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 24.03.2025 in connection with Moran P.S. Case No. 24/2025 u/s 117(2)/109(1)/85 & Section 4 of D.P. Act, 1961. 3. It is submitted by Mr. Haldar, the learned counsel for the petitioner that the present accused/petitioner is in custody since last 46 days and thus the I/O got sufficient opportunity to interrogate the accused during his custody. He further submitted that there was simple quarrel took place between the husband and wife only on the issue of sell of land and it turned to a quarrel but there is no such incident has happened as alleged in FIR, more so, the present petitioner is suffering from some mental illness and after the incident his mental condition deteriorated for which the learned Magistrate also asked the jail authority to provide necessary treatment. Mr. Haldar further submitted that the petitioner will extend his cooperation in further investigation of the case, if he is granted with the privilege of bail. 4. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that there is admittedly a quarrel between the husband and wife. But, in the FIR it is alleged that the petitioner also tried to kill her by keeping a pillow in her mouth. Accordingly, Mr. Baruah insisted to call for the Case Diary to know the actual fact of the case. 5. Considering the submission made by learned counsel for both sides and also considering the length of detention already undergone by the accused/petitioner, I find it a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount Page No.# 3/3 to the satisfaction of the learned CJM, Dibrugrh. The accused/petitioner, namely Jinku Borah, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Dibrugarh without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant