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2025 DAILYLAW 18684 (GAU)

PRASENJIT BISWAS v. THE STATE OF ASSAM

Bail Appln./2902/2025 · 2025-10-12

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010198792025 2025:GAU-AS:13630 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2902/2025 PRASENJIT BISWAS S/O ITIRAM BISWAS VILL- BATGAON P.S. TARABARI DIST. BARPETA, ASSAM PIN-781309. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13-10-2025 Heard Mr. A. Roshid, learned counsel for the accused applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State respondent. This application has been filed under Section 483 of the BNSS, 2023 for granting bail to the accused petitioner, namely Prasenjit Biswas in respect of Tarabari P.S. Case No.25/2025 under Page No.# 2/3 Sections 80/3(5) of BNS corresponding to Sessions Case No.103/2025 pending in the Court of Sessions Judge, Barpeta. The facts of the case as has been narrated in the FIR are that one Rajubala Sarkar lodged an ejahar on 22.06.2025 before the Tarabari Police Station alleging that her daughter Punirma Biswas was married to the accused applicant about four years ago and immediately after the marriage, the accused applicant along with his family members started to torture her daughter, namely Purnima Biswas demanding dowry, which included ornaments, furniture, cloths, etc. It was alleged that on 10.06.2025 about 1.00 am, the informant was intimated over phone by the father of the accused applicant that her daughter, i.e. the victim has been missing. When the family of the informant reached the house of the accused applicant, he found the victim i.e. Purnima Biswas inside a locked room hanging from the ceiling. Though the family members of the informant wanted to open the room, they were not allowed to do so by the family of the accused applicant. In view of the aforesaid, FIR was filed and the police has registered the case being Tarabari P.S. Case No.25/2025 under Sections 80/3(5) of BNS. During the investigation, the police arrested the accused applicant on 13.06.2025 whereas, the other family members named in the FIR were released on bail vide, order dated 07.07.2025 of the Sessions Judge, Barpeta. After the investigation, the Investigating Authority has submitted charge-sheet dated 26.07.2025 vide C.S. No.24/2025 before the Court of Chief Judicial Magistrate, Barpeta. Learned counsel appearing for the accused applicant submits that the accused applicant is no way connected with the incident of hanging of his wife, infact, he was not aware why his wife had committed suicide. Learned counsel for the accused applicant submits that all other family members who had been named in the FIR had already been released on bail. He submits that the accused applicant is inside the jail for the last 122 days. He submits that in the event of granting bail by this Court, he shall participate in the trial with full cooperation and he will abide by any conditions that may be imposed by this Court on granting him bail. On the other hand, learned Additional Public Prosecutor submits that there are prima Page No.# 3/3 facie material against accused applicant, which can be seen from the TCR. He also submits that there are other incriminating materials against him and therefore, this is not the right stage to grant the accused applicant bail as the offences is of serious nature and the victim committed suicide within a period of four years of her marriage. Therefore, he prays for rejection of this instant bail application. This Court has considered the matter in it’s entirety and also heard the submissions made by both the counsels appearing for the parties. After considering the entire aspect of the matter, this Court is of the opinion that the accused applicant be allowed to go on bail at this stage as charge-sheet has already been filed and charge has been framed against the accused applicant to which he has pleaded not guilty. In view of the aforesaid, this Court grants bail to the accused applicant named above with the following conditions:- i) The accused applicant shall furnish a bail bond of Rs.30,000/- (Rupees thirty thousand) with a surety of the like amount to the satisfaction of Sessions Judge, Barpeta ; ii) The accused applicant shall cooperate with the trial process and shall not try to hamper or tamper with the evidence, whatsoever, in the instant case; In view of the above observation, the instant bail application stands disposed of as allowed. Return the Trial Court record. JUDGE Comparing Assistant