Page No.# 1/3 GAHC010168702025 2025:GAU-AS:11064 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2523/2025 KUNJA MONI DAS W/O SRI RATUL DAS R/O HOUSE NO.41, UPPER LUITPUR,P.S.LATASIL DIST. KAMRUP (M), ASSAM, PERMANENT RESIDENT OF NAKHAT,P.S. TAMULPUR DIST. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 20-08-2025 Heard Mr. B. Chowdhury, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on Page No.# 2/3 behalf of the State respondent. 2. This is an application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 03.07.2025 in connection with Latasil P.S. Case No. 66/2025 corresponding to G.R. No. 3334/2025 u/s 103(1)/332(a)/329(4) of Bharatiya Nyaya Sanhita, 2023. 3. Case Diary is received and perused the same. 4. Mr. Chowdhury, the learned counsel for the petitioner submitted that the present accused/petitioner is a lady and she is behind the bars since last 49 days along with her 3 year old child in custody. It is further submitted by Mr. Chowdhury that the present accused/petitioner is not associated or involved in committing the alleged murder and at best the allegation against her is that she helped her husband in disappearing the evidence of the murder which is a bailable offence. Further he submitted that the other Sections i.e. Sections 332(a) and 329(4) BNSS also not admitted against the present petitioner and her husband being a Care Taker of the victim they had the access to the house and thus cannot be considered as a criminal house trespass as registered by the I/O. Further, he submitted that the petitioner is behind the bars since last 49 days and considering her long detention also her prayer may be considered at this stage. He further submitted that from the statement of her husband who was interrogated it is seen that her involvement in committing murder is not there in the present case. However, she is ready and willing to extend her cooperation in further investigation of the case, if she is extended with the privilege of pre-arrest bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the present accused/petitioner is fully associated in the murder of Page No.# 3/3 the old lady and where they were staying as a Care Taker. During night of the incident she informed the informant about the death of the victim and thereafter she helped her in disappearing all the evidence of murder and concealed the entire evidence. She has direct associate and her further custodial detention will be required to unearth some other facts of the case. 6. Mr. Borthakur further submitted that initially the present petitioner and her husband had submitted that somebody has killed the victim but at the time of custodial interrogation only the facts came to the light and subsequently also revealed that the murder was committed in the instigation of the own brother of the deceased. Accordingly, Mr. Borthakur submitted that some FSL report etc. is yet to be collected by the I/O and further custodial interrogation is necessary to unearth some facts of the case. 7. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and it reveals that the I/O collected sufficient incriminating materials against the present accused/petitioner. Though there is allegation that her husband committed the murder but it reveals that she also associated in the said murder and helped her husband in disappearing and concealing all the evidence of murder in the night of occurrence. Considering all the aspects of the case, the grievous and nature of the offence and the circumstances on which the murder is committed, I find that further custodial interrogation may be necessary for the present accused/petitioner. 8. In view of this, the present bail petition stands rejected. JUDGE Comparing Assistant