Page No.# 1/3 GAHC010112392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1779/2025 BASANTA DIHINGIA ALIAS MOON S/O LATE BOGADHAR DIHINGIA R/O KONWAR DIHINGIA P.S. DEMOW DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR P KATAKI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 09.06.2025 1. Heard Mr. P. Kataki, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 has been filed by the petitioner, namely, Basanta Dihingia @ Moon, who has been detained behind the bars since 18.03.2025 (for the last 80 days) in connection with Demow P. S. Case No. 23/2025 under Sections 103(1)/238/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 17.03.2025 one Rajesh Konwar had lodged an FIR before the Officer-in-Charge of Demow Police Station, inter-alia, alleging that on 14.03.2025 the sister of the first informant, who is also the wife of the present petitioner, namely, Bina Dihingia Konwar has been murdered by the present petitioner with the help of his mother and sister- in-law. 4. It is stated in the FIR that villagers have found one blood-stained Jute sack with one T-shirt, which was seized by the police. 5. The learned counsel for the petitioner has submitted that the petitioner is innocent and is not involved in the offences against him. 6. He submits that though, the police has seized the Gamusa with suspected bloodstains, however, it belonged to the uncle of the petitioner named Shri Gagan Dihingia, who suffered from hemorrhage on 13.03.2025 and was admitted in Siu-ka-pha Multispecialty Hospital. 7. He also submits that the police is investigating the matter, which would reveal as to whether the blood found in the Gamusa, which has been seized in this case, is of the deceased wife of the present petitioner or of the uncle of the present petitioner. 8. He further submits that the petitioner has already undergone custodial detention of 80 days and considering the length of detention he may be allowed to go on bail. 9. On the other hand, the learned Additional Public Prosecutor has Page No.# 3/3 produced the case diary of Demow P. S. Case No. 23/2025 and has submitted that though, the police is unable to make much progress in the investigation, as the dead body of the deceased is yet to be recovered. 10. However, in his statement recorded under Section 180 of the BNS, 2023, the petitioner has admitted before the police that he has himself killed his wife by strangulating her and thereafter, disposed of the body in the river. 11. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Demow P. S. Case No. 23/2025, which was produced before me by the learned Additional Public Prosecutor. 12. In the instant case, the body of the victim is yet to be recovered. Therefore, the evidence before the Court is not sufficient to come to the finding that the wife of the petitioner is dead. However, there are other circumstantial evidences, which indicate to the complicity of the present petitioner in the offence alleged in this case. 13. Though the petitioner has been detained behind the bars for the last 80 days, however, considering the circumstances of this case, which are against the present petitioner and also considering the fact that the corpus of the victim woman is yet to be traced out, this Court is reluctant to grant bail for the petitioner at this stage. 14. Hence, the prayer for bail is rejected. JUDGE Comparing Assistant