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2025 DAILYLAW 18469 (GAU)

SRI ROBIN DOHUTIA AND 3 ORS v. THE STATE OF ASSAM

Bail Appln./2815/2025 · 2025-09-16

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010194062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2815/2025 SRI ROBIN DOHUTIA AND 3 ORS SON OF LATE NANDESWAR DOHUTIA R/O 1 NO. SARU DIRAK GAON P.S. KAKOPATHER DIST. TINSUKIA, ASSAM 2: SMTI. JAYAMAI DOHUTIA W/O SRI ROBIN DOHUTIA R/O 1 NO. SARU DIRAK GAON P.S. KAKOPATHER DIST. TINSUKIA ASSAM 3: SRI DOULAT DOHUTIA S/O SRI ROBIN DOHUTIA R/O 1 NO. SARU DIRAK GAON P.S. KAKOPATHER DIST. TINSUKIA ASSAM 4: SMTI. BHAGYASHREE SAIKIA DOHUTIA W/O SRI DOULAT DOHUTIA R/O 1 NO. SARU DIRAK GAON P.S. KAKOPATHER DIST. TINSUKIA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. N HASAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.09.2025 Heard Mr. N. Hasan, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, (i) Robin Dohutia (ii) Smti. Jayamai Dohutia (ii) Doulat Dohutia (iv) Smti. Bhagyashree Saikia Dohutia, have prayed for bail in connection with Kakopather P.S. Case No. 43/2025 under Section 103(1) BNS, 2023. 3. The accused persons have been in under trial detention since 09.08.2025. It is also submitted that the accused persons after being arrested have been custodaily examined for two days. 4. The allegations in the FIR dated 06.08.2025 is that the elder sister of accuse No. 1 who was a single woman was found dead and she was buried by the accused persons in the adjacent house and subsequently, upon filing of the FIR, dead body was recovered pursuant to G No. 3 dated 26.07.2025 and sent for PM examination, where it is mentioned that severe injuries were found on the dead body. 5. The learned Additional Public Prosecutor for the state produced the case Page No.# 3/4 diary and contends that investigation continue into the facts surrounding the death of the alleged victim. Final opinion in the PM report is not given but antemortem injury has been mentioned. The investigating officer has submitted an objection letter against the prayer of the petitioners. It is also submitted that the statement of two witnesses have already been recorded by the learned JMFC in which witnesses have been stated about the suspicious surrounding the death of the victim and also pointed out towards the conduct of the accused persons. Out of all the accused persons, the accused No. 3 is stated to be the son of the accused Nos. 1 and 2 and accused No. 4 is the daughter-in-law. It is contended by the investigating officer that bail at this stage might prejudice investigation. 6. Perused the annexed medical documents along with case diary. Considering the seriousness of the alleged offences, the prayer for bail is rejected in respect of the petitioner Nos. 1, 2 and 3. But as all the family members are in custody, I deem it fit to grant bail to accused No. 4 (daughter- in-law), subject to suitable conditions. 7. Accordingly, the accused-petitioner No. 4, Bhagyashree Saikia Dohutia, shall be released on bail in connection with Kakopather P.S. Case No. 43/2025 under Section 103(1) BNS, 2023, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 8. The direction for bail is further subject to the conditions: (a) That the petitioner shall be available for trial if one commences; and (b) That the petitioner shall not hamper or tamper with evidence. Page No.# 4/4 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant